RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02904
            INDEX CODE:  128.05
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment contract be changed  to  reflect  the  1A131,  Flight
Engineer Air Force Specialty Code (AFSC)  so  he  can  qualify  for  a
Selective Reenlistment Bonus (SRB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was directed to reenlist in his old  AFSC  instead  of  having  the
opportunity to complete his technical training, reenlist and receive a
bonus in his new AFSC.  He was advised he did not  have  the  required
retainability to graduate from the Basic Flight Engineer (BFE) course;
as a result, he reenlisted.  Had he not been forced to reenlist in his
old AFSC, he would have still been a first  term  airmen  with  enough
time to complete the course, reenlist and receive  the  bonus  in  the
1A131 career field.  The bonus in the new AFSC was  his  incentive  in
selecting to cross-train in the  undermanned  Flight  Engineer  career
field.

In  support  of  his  request,  the  applicant  provided  a   personal
statement,  an  excerpt  from  AFI  36-2107,   Active   Duty   Service
Commitments; and copies of his DD  Form  4-2,  Enlistment/Reenlistment
Document,  Armed  Forces  of  the  United  States  and  AF  Form  901,
Reenlistment Eligibility annex to DD Form 4.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 5 July 2000, the applicant enlisted in the Regular Air Force for  a
period of 6 years and 6 months.

On 22 September 2004, he extended his enlistment for a  period  of  23
months to qualify for retraining.  This extension changed his date  of
separation (DOS) from 21 October 2006  to  21 September  2008.   While
attending technical school, he was informed he did not have sufficient
retainability to continue his retraining and would need to reenlist or
he  would  be  terminated  from  training.   To   meet   retainability
requirements and complete the training, he reenlisted for 4 years  and
17 months on 5 December 2006.  This changed his DOS to 4 May 2012.

The maximum number of months a first term  airman  may  extend  is  23
months.

In order to qualify for an SRB he must have completed the training and
been awarded the Flight Engineer AFSC prior to reenlisting.

The Zone B SRB was reduced from 2 to 1.5 effective 15 December 2007.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends the applicant’s request  be denied.  There is no
error or injustice.  In order to qualify for the bonus, the  applicant
must have completed training and arrived at his first  permanent  duty
station following training before he could reenlist or extend for  the
bonus.  Further, the retainability for this AFSC is  36  months.   The
applicant states he was aware that he needed 36 months of active  duty
service commitment  (ADSC)  to  accept  the  training.   The  Military
Personnel Flight (MPF) failed  to  advise  the  applicant  a  23-month
extension would  not  meet  the  retainability  requirements.   Before
completing  the  course,   the   school   verified   the   applicant’s
retainability and discovered he did not have sufficient retainability.
  The  school  directed  the  applicant  to  obtain   the   additional
retainability or he would not graduate  from  the  class.   With  that
being said, the applicant should not be obligated to serve both the 23-
month extension and subsequent reenlistment.  The Board should  direct
the 23-month extension executed on 22 September 2004 be declared void,
and that on 21 September 2004, he was  honorably  discharged,  and  on
22 September 2004 he reenlisted in the Regular Air Force for a  period
of 4 years and 19 months.

The complete DPSOA evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
30 November 2007, for review and comment within 30 days.  As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 warranting favorable consideration
of the applicant's request.  Evidence  has  not  been  provided  which
would lead us to believe that the rules of the applicable instructions
were inappropriately applied in this case or that he was denied rights
and benefits to which he was  entitled.   The  applicant  contends  he
should have received an SRB based on the  fact  he  was  not  properly
counseled and subsequently forced to reenlist.  However,  we  did  not
find an error or injustice in establishing  the  requirement  that  he
obtain the appropriate retainability.  Accordingly, since he  was  not
serving in the SRB AFSC when he reenlisted,  it  appears  he  was  not
entitled to the SRB. Therefore, in the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

4.  Notwithstanding the above, the office  of  primary  responsibility
believes an injustice  exists  within  the  fact  that  the  applicant
extended his enlistment for the  purposes  of  retainability  for  the
retraining and subsequently was required to  reenlist  for  that  same
purpose.  The office of primary responsibility believes, and we agree,
that he  should  not  be  obligated  to  serve  both.   Therefore,  as
recommended, we believe his records should be corrected to void the 23-
month extension and show that he instead reenlisted for  a  sufficient
period of time to complete the retraining.  While the above action may
not provide the applicant the relief he desires, doing so will  reduce
the length of his current service obligation.  Therefore, we recommend
his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

     a.  The extension of his 5 July 2000 enlistment for a  period  of
23 months, executed on 22 September 2004, be declared void.

     b.  He  was  honorably  discharged  on  21  September  2004,  and
reenlisted in the Regular Air Force on 22 September 2004 for a  period
of 4 years and 19 months.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-02904  in  Executive  Session  on  22  January  2008,  under  the
provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Mr. Grover L. Dunn, Member
            Mr. James A. Wolffe, Member
All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  BC-
2007-02904 was considered:

   Exhibit A.  DD Form 149, dated 7 September 2007, w/atchs.
   Exhibit B.  Letter, AFPC/DPSOA, dated 1 October 2007, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 30 November 2007.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair




[pic]

Office of the Assistant Secretary

AFBCMR BC-2007-02904





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX , XXXXXXX, be corrected to show that:

            a.  The extension of his 5  July  2000  enlistment  for  a
period of 23 months, executed on 22 September 2004, be, and hereby is,
declared void.

            b.  He was honorably discharged on 21 September 2004,  and
reenlisted in the Regular Air Force on 22 September 2004 for a  period
of 4 years and 19 months.





                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency