RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00718
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APLICANT REQUEST THAT:

His 17 January 2003 extension be cancelled and he be allowed to reenlist effective 20 January 2003, with authorization to a Zone A Selective Reenlistment Bonus (SRB).

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APPLICANT CONTENDS THAT:

He is in a chronic critically career field.  On 1 November 2002 his Air Force Specialty Code (AFSC) converted from 2A1X4 to 2A553D.  This new AFSC did not appear on the 2002 SRB list.  He inquired with his local Military Personnel Flight (MPF) and Randolph AFB, TX, about the SRB multiplier carrying over to the new AFSC.  Both said to wait for the 2003 SRB listing.  This list did not appear before his date of separation (DOS), therefore, he extended his enlistment.

In support of his appeal, the applicant provided AF Form 1411 (Extension Or Cancellation Of Extensions Of Enlistment In The Regular Air Force/Air Force Reserve).

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of senior airman.

On 20 January 1999, the applicant enlisted in the Air Force for a period of four years with a DOS of 19 January 2003.  AF Form 1411, dated 17 January 2003 indicates he extended his enlistment for a period of 12 months resulting in a new DOS of 19 January 2004.  The contract indicates the reason for the extension was to remain on active duty for reasons determined to be in the best interest of the Air Force.  

The applicant’s AFSC is 2A553D.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial.  They indicated that the applicant’s AFSC was included on a supplemental SRB list that was released 11 February 2003.  The list had an effective date of 31 October 2002.  He chose to extend his enlistment for a total of 12 months for Personal Convenience rather than extending for Best Interest of the Air Force for less than 12 months.  Though his AFSC was not added to the SRB list until after this extension was executed, he did not have to extend for the entire length that he did.  Additionally, as the applicant is within 12 months of his ETS, he is eligible to reenlist at this time and receive a Zone A SRB with a 3.5 multiple.  The applicant will be charged the obligated service if he chooses to reenlist more than 29 days from his ETS.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated that he discussed his options at length with his local MPF.  He was told his only options were to reenlist with no SRB, extend for 12 months or separate.

Applicant’s response, with attachments, 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 an error or an injustice.  The applicant’s AFSC was converted from 2A1X4 to 2A553D and the new AFSC did not appear on the 2002 SRB list.  The applicant indicates that he inquired with both his local MPF and AFPC about the SRB multiplier carrying over to the new AFSC.  Both indicated that he should wait for the 2003 SRB list.  We note that the applicant apparently has a critically short AFSC which was added to the supplemental SRB list that was released in February 2003, with an effective date of 31 October 2002.  Therefore, at the time of the applicant’s DOS in January 2003, the supplemental SRB list was not yet released.  However, it stands to reason that if his local MPF had advised him there would be a 2003 list, they would have counseled him to extend for a period of less than 12 months in order that he could reenlist as soon as the new SRB list was released.  Despite this, it appears that the applicant was only given limited alternatives regarding his reenlistment options - reenlist with no SRB, extend for 12 months or separate.  We find no evidence that the applicant was counseled that he could have extended his enlistment for any period less than 12 months.  In this regard, the Air Force indicates that the applicant could have extended for a period of less than 12 months if the extension was for the convenience of the government, but that the applicant chose to extend for 12 months for personal reasons.  However, a review of his extension contract indicates that the reason for the extension was determined to be in the best interests of the government.  We interpret this to be for the convenience of the government and as such, he should have been allowed to extend for a period of less than 12 months, if he had been properly counseled.  Further, a review of his enlistment contract reveals that the applicant did not initial block 1 of Section IX.  This portion of the contract indicates that a member has been counseled that he can reenlist rather than extend.  If the applicant was not counseled properly regarding his reenlistment options, we question what else he may not have been counseled about.  Lastly, we note that the extension contract contains the wrong date of his original enlistment - he enlisted on 20 January 1999, however, the extension contract indicates his enlistment date was 20 September 1999.  If the applicant had been allowed to reenlist on 17 January 2003 rather than extend, AFPC advises that he would have been eligible for the bonus when the supplemental list was released in February 2003.  As noted earlier, the applicant has an apparent critical AFSC and he desires to continue serving his country.  Therefore, in view of the numerous errors and/or omissions on the part of the Air Force when this extension contract was executed and the strong possibility of improper counseling, we believe it is in the best interest of the Air Force that his extension contract be voided and be replaced with an enlistment contract. 

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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:

a. The extension of his 20 January 1999 enlistment executed on 17 January 2003 for a period of twelve (12) months be declared void.

b. He was honorably discharged on 19 January 2003, and reenlisted in the Regular Air Force on 20 January 2003, for a period of four (4) years with entitlement to a Zone A, Multiple of 3.5 Selective Reenlistment Bonus.

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The following members of the Board considered AFBCMR Docket Number BC-2002-00718 in Executive Session on 15 May 2003, under the provisions of AFI 36-2603:

		Panel Chair
		Member
		Member

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

   Exhibit A.  DD Form 149, dated 27 February 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 17 March 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 21 March 2003.
   Exhibit E.  Letter, Applicant, dated 4 April 2003, w/atchs.

			
			Panel Chair

AFBCMR BC-2003-00718

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   be corrected to show that:

		     a.  The extension of his 20 January 1999 enlistment executed on 17 January 2003 for a period of twelve (12) months be, and hereby is, declared void.

	        b.  He was honorably discharged on 19 January 2003, and reenlisted in the Regular Air Force on 20 January 2003, for a period of four (4) years with entitlement to a Zone A, Multiple of 3.5 Selective Reenlistment Bonus.

		
		Director
		Air Force Review Boards Agency