RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00642
		
	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The 23-month extension of his enlistment contract and his original date of separation be restored.

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APPLICANT CONTENDS THAT:

While stationed at McConnell AFB, he received orders to Osan AB Korea with a guaranteed follow-on to RAF Lakenheath AB, England.  He was informed he needed to extend his enlistment to receive these orders.  He was not informed of the 30-day window to cancel the extension if so desired.  Just before departing Osan, he was once again notified he had an assignment to Dyess AFB, TX 30 days prior to his departure from Osan.  He was informed those orders were cancelled and he had until the close of business that day to pick from 5 bases.  He chose Nellis AFB, NV.  Since he did not go from overseas to overseas, he had no reason to keep the extension. 

During this jumbling of assignments, he had gotten the retainability to go to Lakenhealth AB, but felt he was rushed through the process of doing the extension.  He has realized the importance of questioning anything on these contracts, which he did not fully understand, and the necessity of reading carefully these contracts before signing.

In support of his request applicant provided a copy of his AF Force Form 901, Reenlistment Eligibility Annex, DD Form 4/1, Enlistment/Reenlistment Document Armed Forces of the United States, and AF Form 1411, Extension or Cancellation of Extension 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:

Applicant is currently serving in the Regular Air Force in the grade of staff sergeant.  On 2 September 1998, he enlisted for six years giving him a date of separation (DOS) of 1 September 2004.  On 14 March 2002, the applicant extended this enlistment for 23 months to qualify for an assignment.  His new DOS is now 1 August 2006.  

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AIR FORCE EVALUATION:

AFPC/DPPAE indicates AF Form 1411, section VIII, member initialed the block that states “I understand if the original reason for which I extended is cancelled, I may request cancellation of this extension provided I have not entered it.  If I am eligible and want to cancel this extension, I must request cancellation within THIRTY CALENDAR DAYS of the date I am notified the original reason for which I extended no longer exists.  Failure to cancel the extension within the 30-calendar day limit will be considered a willingness on my part to serve out the extension.”

AFPC/DPPAE states the applicant’s 30 days to cancel the extension began the day the assignment to Lakenheath was cancelled; therefore, applicant should have had enough time to cancel this extension within the time limit and recommends denial.

AFPC/DPPAE complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26 March 2004 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  Having reviewed the applicant’s submission and the evidence of record, the majority of the Board finds there is sufficient basis to believe that the applicant may have been miscounseled in this case.  In this respect, the majority of the Board notes that the applicant executed an extension contract on 14 March 2002 for a period of 23 months to qualify for an overseas assignment.   This extension provided him with 23 months retainability, which would have been required for an assignment tour to the United Kingdom.  However, since the assignment was canceled, according to the applicable Air Force Instruction, an applicant can request cancellation of this extension within 30 calendar days of the date he was notified the original reason for which he extended no longer exists.  Although he provides no corroborative evidence, the majority of the Board believes that it is reasonable to assume that he was miscounseled regarding the cancellation of this retainability requirement because of the assignment to the United Kingdom no longer existed.   Therefore, in order to remove any possibility of an injustice, we recommend that the applicant’s records be corrected as 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 extension of his 2 September 1998 enlistment for a period of 23 months, executed on 14 March 2002, be declared void.  

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The following members of the Board considered Docket Number 2004-00642 in Executive Session on 3 June 2004, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to correct the records as recommended.  Ms. XXXXX voted to deny the application but elected not to submit a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Feb 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 16 Mar 04
   Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.

AFBCMR 2004-00642

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 the extension of his 2 September 1998 enlistment for a period of 23 months, executed on 14 March 2002, be, and hereby is, declared void.   

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
               CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

	I do not agree with the analysis of the majority of the panel. However, noting the circumstances of this case, including the applicant’s recently expressed desire to separate and the significant current force downsizing, make granting relief in the best interest of the Air Force.  Therefore, I concur with the majority of the Board recommendation to grant relief.

	Please advise the applicant accordingly.