RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00283
		INDEX NUMBER:  100.00
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The AF Form 964, PCS, TDY, or Training Declination Statement, dated 7 August 2000, be removed from his records.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPAOM4 reviewed this application and recommended denial.  A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and provides a response that is at Exhibit E.

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THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note that prior to attending formal training, the applicant was advised that the training required one year of retainability; however, while attending the training, he was advised that the training required three years of retainability.  In support of the appeal, the Superintendent of Outbound Assignments/Formal Training states that the applicant was miscounseled regarding the required retainability for the training assignment.  The applicant states that since he did not want to incur the additional two years of retainability, he declined to do so and as a result is now ineligible for reenlistment, promotion and assignment.  In view of this, and since the applicant made his decision to accept the assignment and reenlist based on the erroneous information that he was provided, we do not believe he should suffer the adverse affects of having a retainability declination statement in his records. Therefore, we recommend the applicant’s records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the AF Form 964, PCS, TDY, or Training Declination Statement, dated 7 August 2000, be declared void and removed from his records.

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The following members of the Board considered Docket Number 02-00283 in Executive Session on 16 April 2002, under the provisions of AFI 36-2603:	

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAOM4, dated 1 Mar 02.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 02.
	Exhibit E.  Letter, Applicant, dated 29 Mar 02, w/atch.

                                   	

AFBCMR 02-00283

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 APPLICANT, be corrected to show that the AF Form 964, PCS, TDY, or Training Declination Statement, dated 7 August 2000, be, and hereby is, declared void and removed from his records.