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AF | BCMR | CY1998 | BC-1998-00187
Original file (BC-1998-00187.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00187
                 INDEX CODE:  112

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a constructive reenlistment to be eligible for a five year,
ten months Selective Reenlistment Bonus (SRB).

_________________________________________________________________

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.

_________________________________________________________________

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   Office   of   Primary
Responsibility (OPR).  Accordingly, there is no need to  recite  these
facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Skills  Management  Branch,  HQ  AFPC/DPPAE,  reviewed  the
application and states that although miscounseling  was  confirmed  by
the MPF, with regard to applicant’s eligibility  for  the  SRB  he  is
requesting, the applicant was still not entitled to  a  full  six-year
SRB  based  on  three  extensions  of  enlistment.   Furthermore,  the
applicant’s window for Zone B eligibility terminated at  the  ten-year
point (16 Dec 97) and delaying his reenlistment beyond this time frame
would have rendered him ineligibility for an SRB.  If  partial  relief
is granted, they recommend the 1 October 1997 reenlistment be canceled
and  a  constructive  reenlistment  should  be  granted  effective  16
December 1997.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 March 1998 for review and response within  30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 probable error or injustice  warranting  partial  relief.
The applicant states that he was briefed  by  his  Military  Personnel
Flight (MPF)  several  months  before  his  reenlistment  that  if  he
reenlisted, his Selective Reenlistment Bonus (SRB) would  be  paid  in
full minus two months.  Applicant then reenlisted on 1  October  1997.
However, he was later informed that he was not entitled to a full  SRB
based on three extensions of enlistment and that his window for Zone B
eligibility terminated at the ten-year point (16 December  1997).   It
appears that the applicant was miscounseled, which  was  confirmed  by
the MPF, with regard to his SRB  entitlement.   HQ  AFPC/DPPAE  states
that if partial relief is granted,  because  of  the  applicant  being
miscounseled,  he  would  need  a  constructive  reenlistment  and  be
entitled to receive an SRB Zone B, Multiple  1  ½,  payable  for  four
years and four months.  In view of  the  miscounseling  the  applicant
received, and to  remove  any  possibility  of  an  injustice  to  the
applicant, we agree with the HQ AFPC/DPPAE recommendation for  partial
relief.  Applicant’s  request  for  a  full  SRB  entitlement  is  not
favorably considered in view of the obligated service he  already  has
based on an original separation date.   Therefore,  we  recommend  his
records be corrected to the extent indicated below.

_______________________________________________________________________
_____________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to  show  that  he  was  honorably
discharged on 15 December 1997, rather than  30  September  1997,  and
reenlisted in the Regular Air Force on 16 December 1997, rather than 1
October 1997, for a period of six years with entitlement to a Zone  B,
Multiple 1 and 1/2 Selective Reenlistment Bonus (SRB) payable for four
years and four months.

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 23 July 1998, under the  provisions  of  AFI  36-
2603:

                  Ms. Martha Maust, Panel Chair
                  Mr. Kenneth L. Reinertson, Member
              Mr. Robert W. Zook, Member

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

   Exhibit A.  DD Form 149, dated 15 Jan 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 26 Feb 98.
   Exhibit D.  Letter, AFBCMR, dated 16 Mar 98.




                                   MARTHA MAUST
                                   Panel Chair


INDEX CODE:  112

AFBCMR 98-00187




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 he was
honorably discharged on 15 December 1997, rather than 30 September
1997, and reenlisted in the Regular Air Force on 16 December 1997,
rather than 1 October 1997, for a period of six years with entitlement
to a Zone B, Multiple 1 and 1/2 Selective Reenlistment Bonus (SRB)
payable for four years and four months.







   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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