ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 96-00383
INDEX NUMBER: 128.05
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His entitlement to a Selective Reenlistment Bonus (SRB), Zone B, be
reinstated.
___________________________________________________________________
RESUME OF CASE:
A similar application was considered and denied by the AFBCMR on
3 June 1997 (Exhibits A through E).
___________________________________________________________________
APPLICANT CONTENDS THAT:
His requested class date was based on his DEROS (date eligible for
return from overseas) of April 1993, and using that date he would not
have had the required 21 months retainability after completion of his
technical school.
He could have asked for an earlier DEROS and attended air traffic
control school earlier. His DEROS should have been changed because he
was retraining from a non-critical Air Force Specialty Code (AFSC) to
a critical AFSC and because his base was closing. He feels that every
attempt was not made to help him protect the SRB in effect at the time
of his retraining. This was just oversight or inadequate training on
the counselor’s part.
In support of his request for reconsideration, applicant provided his
expanded comments and documentation pertaining to his application and
approval for retraining. A statement submitted in applicant’s behalf
was received from his former commander. (Exhibit F)
___________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force
on 29 December 1986, for a period of six years. He had an established
date of separation (DOS) of 28 December 1992. He reenlisted on 26 May
1992 for a period of four years. Section III, Item C (Reenlistment
Guarantee), on his enlistment contract, noted that he had been
approved for retraining in Air Force Specialty Code (AFSC) 272X0. He
entered his current enlistment on 22 April 1996 for a period of six
years.
Documentation provided by the applicant reflects that on 9 March 1992,
he acknowledged that SRB entitlements and recoupment policies had been
explained to him by the base career advisor; he was aware of
retainability requirements and upon approval of training, he would
extend or reenlist for the required retainability if necessary; he
understood that once entered into formal school training, he must
perform duty in that AFSC for a required period upon graduation; he
had not applied for any other training or assignment; and he was not a
volunteer for overseas. A Report on Individual Personnel (RIP),
prepared on 23 September 1992, reflects applicant’s voluntary
retraining into AFSC 27210 was approved. On 29 September 1992, he
acknowledged official notification of his retraining approval and that
he had been advised of his options and his responsibilities for
acceptance/declination. On 29 September 1992, he accepted training
and agreed to obtain the required retainability for course E3ABR27230,
Apprentice Air Traffic Control Operator, with a course start date of 5
May 1993, and a class graduation date of 16 August 1993.
Information extracted from the Personnel Data System (PDS) reflects
that at the time applicant was approved for retraining he was
stationed at RAF Bentwaters, England, performing duties as the
Assistant Noncommissioned Officer in Charge (NCOIC), Unit Orderly
Room. His DEROS (date eligible for return from overseas) was 18 March
1993; his date departed last duty station (DDLDS) was 28 March 1993.
___________________________________________________________________
AIR FORCE EVALUATION:
The Skills Management Branch, AFPC/DPPAE, reviewed applicant’s request
for reconsideration and recommended denial of his request, stating the
new evidence provided does not reveal an error or injustice regarding
the applicant’s current enlistment.
DPPAE stated applicant applied for CAREERS retraining during his
retraining “window,” between the 9th and 15th month prior to
established DEROS. The retraining was approved in April 1992 and he
received the earliest possible training quota for AFSC 1C1X1. Even
though the applicant may have been curtailed to an earlier DEROS date,
this action would not have afforded him an earlier class quota. There
were no earlier 1C1X1 class seats available.
Noting the letter from applicant’s former commander, DPPAE stated the
commander believes a DEROS curtailment would have solved the SRB
issue. As stated above, the curtailment would have no affect on the
applicant’s class date. Lastly, the purpose of initialing items is to
make the applicant aware of possible scenarios which may or may not
occur. It is not intended to entitle the applicant to an SRB for
which he is not otherwise eligible to receive. In this case, the
applicant did not have a choice regarding the reenlistment. This
requirement is dictated by the class graduation date. Consequently,
the commander nor the applicant could have changed any of the events
leading to the reenlistment.
If relief is granted, a constructive reenlistment should be granted
effective upon awarding of special experience identifier (SEI) 56, 58,
or 364 to applicant’s primary AFSC.
The complete evaluation is at Exhibit G.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant disagreed with the advisory opinion that curtailment of his
DEROS would have no effect on his receiving an earlier class date. He
could have applied for an earlier class date. He contacted several
people at Keesler AFB concerning classes between May 1992 and April
1993. A clerk in the registrar’s office stated 20 classes were
started and completed between 25 June 1992 and 21 April 1993.
He contacted the advisory office and was advised that if the Board
grants relief, he would receive the SRB multiple in effect at the time
of award of SEI 364. He achieved his rating in March 1995. The
multiple changed from a 2 to a 1 on 10 March 1995. As indicated on
the attached paperwork, he received his SEI 364 on 28 March 1995, at
which time SRB multiple 1 was in effect.
Applicant provided a scenario as to how he believes his training
should have been handled.
Applicant’s response, with documentation associated with his
classification actions, are at Exhibit I.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration of the applicant’s most recent submission,
including the statement submitted in his behalf from his former
commander, we are not convinced that there was an error or injustice
with respect to the processing of the applicant’s retraining.
Applicant’s contention that he could have asked for an earlier DEROS
(date eligible for return from overseas) and attended air traffic
school earlier is duly noted. However, although there may have been
earlier classes, we are not persuaded by the evidence provided that an
earlier class quota would have been available for the applicant. In
view of the foregoing, and in the absence of persuasive evidence that
the applicant’s retraining was improperly processed and contrary to
the governing regulation in effect at the time, we conclude that there
is no basis upon which to recommend favorable action on his request.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 20 October 1998, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Richard A. Peterson, Member
Mr. Jackson A. Hauslein, Member
The following additional documentary evidence was considered:
Exhibit F. DD Form 149, dated 7 Jul 97, w/atchs.
Exhibit G. Letter, AFPC/DPPAE, dated 15 Sep 97.
Exhibit H. Letter, AFBCMR, dated 29 Sep 97.
Exhibit I. Letter, Applicant, dated 13 Oct 97, w/atchs.
DAVID C. VAN GASBECK
Panel Chair
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