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AF | BCMR | CY1998 | BC-1996-00383A
Original file (BC-1996-00383A.doc) Auto-classification: Denied

                                 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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