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AF | BCMR | CY2006 | BC-2006-02415
Original file (BC-2006-02415.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02415
                       INDEX CODE:  115.02
      XXXXXXXXXXXXXXXXXXXXXX COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 February 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His enlistment date be changed from 10 July 2005 to  1  January  2007,
which is his high-year-of-tenure date (HYTD), and he be reinstated  to
active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was  denied  reenlistment  by  both  his  supervisor  and  squadron
commander, and was only authorized an extension of his  enlistment  to
10 January 2005, thus making him unable to meet the next E-8 Selection
Board and forcing him to retire.   His  desire  was  to  reenlist  and
remain on active duty until his HYTD.

In support of his appeal, the applicant includes a personal statement;
copy of his DD Form 214, Certificate  of  Release  or  Discharge  from
Active Duty; 437 Air Wing Inspector General Report, dated  27  January
2005; and Airlift Military Command Inspector General Report, dated  17
June 2005.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

On 2 January 1981, the applicant enlisted in the Regular Air Force  at
the age of 19 in the grade of airman basic (E-1) for a period of  four
years.  He was trained and served in the Aircrew Life  Support  career
field and was progressively promoted to the grade of  master  sergeant
(E-7) effective and with a date of rank of 1 May 1995.

On 12 April 2004, the applicant applied for retirement and on 16 April
2004, he  requested  a  seven-month  extension  to  his  11 July  1997
reenlistment.  The purpose stated on his extension request is  “retire
during a requested  extension  period.”   The  extension  request  was
approved on 19 April 2004, establishing a date  of  separation  of  10
February 2005.

The applicant was honorably discharged effective 31 January 2005 under
the provisions of AFI 36-3203 with a  reentry  code  2V  (applied  for
retirement or retirement has been approved) and a separation  code  of
RBD (sufficient service  for  retirement).   He  subsequently  retired
effective 1 February 2005.  The applicant served 24 years and 29  days
of active duty.

On 22 February 2006, the Air Force Board for  Correction  of  Military
Records (AFBCMR) considered and approved the  applicant’s  request  to
void and remove from his  records,  his  Senior  Enlisted  Performance
Report rendered for the period 31 May 2003 through 30 May 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the applicant’s request be denied.  DPPAE states
based on the sequence of events, the applicant voluntarily applied for
retirement, and then requested an extension.   If  his  commander  had
denied his reenlistment,  then  he  should  not  have  authorized  the
applicant’s  extension  request.   Individuals  not  recommended   for
reenlistment at the time are not authorized an extension.  Following a
review of the applicant’s records, DPPAE found no evidence of an error
or injustice, nor did the applicant submit any  documentation  showing
he  was  formally  denied  reenlistment.   In  fact,  the  applicant’s
reenlistment eligibility code, at the  time  of  his  request  for  an
extension, was 1Q, “Eligible to reenlist, career airman with more than
20 years TAFMS, selected by commander under the  SRP,  and  either  13
months or less remain before original ETS, or the airman is serving on
an extension of enlistment.”

The DPPAE evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In  behalf  of  the  applicant,  an  American  Legion   representative
responded by reiterating the applicant’s contentions.

The American Legion’s response is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  note  the  applicant’s
assertion that he was denied reenlistment, thus forcing him to retire;
however, we find no evidence to support this contention.  The evidence
of  record  indicates  when  the  applicant  voluntarily  applied  for
retirement, his RE code reflected he was eligible to reenlist.   Based
on the above, we agree with the opinion and recommendation of the  Air
Force office of primary responsibility and adopt  their  rationale  as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of an error or injustice.  Accordingly, the applicant’s request
is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 November 2006, under the provisions of AFI 36-
2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2006-02415:

    Exhibit A.  DD Form 149, dated 12 Jul 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 22 Aug 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 06.
    Exhibit E.  American Legion Review, dated 17 Oct 06.




                                  LAURENCE M. GRONER
                                                   Panel Chair

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