RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01352
INDEX CODE 128.05
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The 13-month extension he entered into on 1 July 1997 be canceled.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The contract contains errors and he was not properly counseled.
A copy of applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving in the Regular Air Force in the grade
of staff sergeant (date of rank: 1 Jan 97), assigned as an instructor,
combat weather training, at Hurlburt Field.
Applicant enlisted on 24 August 1992 for six years, with a date of
separation (DOS) of 23 August 1998. In order to qualify for his new
assignment to Hurlburt Field, he had to obtain minimum retainability
(commitment). As a result, on 1 July 1997, he extended his enlistment
for 13 months, giving him a new DOS of 23 September 1999. At the
time, there was no SRB in effect for his Air Force Specialty Code
(AFSC) (there had been no Zone B bonus for this AFSC for 10 years).
He could not reenlist at that time because members must be within
three months of their original DOS before they can reenlist.
On 20 January 1998, a Zone B bonus was authorized for his AFSC.
On 24 February 1998, applicant requested that the contested extension
be canceled; however, on 20 March 1998 HQ AFPC/DPPAER denied his
request.
On 2 July 1998, he reenlisted for a period of 6 years, for which he
received a Zone B bonus for approximately 4 years, 10 months (the 13-
month extension time was deducted because it was obligated service).
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Skills Management Branch, HQ AFPC/DPPAE, reviewed the
appeal and states that there was no reason for the applicant to elect
any other choice but to extend or reenlist for his assignment. There
was no indication that his Air Force Specialty Code (AFSC) would be
authorized a Zone B selective reenlistment bonus (SRB) six months
later. Despite the administrative error, cancellation is not justified
and disapproval is recommended.
A copy of the complete Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 13 July 1998 for review and comment 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. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that the 13-month extension should be canceled. It appears
that the last block in Section IX should have been initialed; however,
this seems no more than a harmless administrative error. There was no
bonus for his AFSC available at the time, he needed retainability for
his new assignment, and he could not reenlist because he was more than
three months away from his original date of separation of August 1998.
He had to have retainability for his new assignment and nothing he
could have done at that time would have gotten him the bonus for the
full six years. In fact, inadvertently, he probably did the best thing
possible under these circumstances, which are common to many airman.
If, to meet the retainability requirement, he had been able to
reenlist at the time he extended, that probably would have been for an
even longer obligated period than his 13-month extension, which would
have resulted in even more time being deducted from the bonus he got.
He reenlisted as soon as he was eligible to do so and received a bonus
for almost five years. The applicant has failed to sustain his burden
of having been a victim of either an error or an injustice.
Therefore, in the absence of persuasive evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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 23 February 1999, under the provisions of AFI 36-
2603:
Mr. Benedict A. Kausal IV, Panel Chair
Dr. Gerald B. Kauvar, Member
Ms. Melinda J. Loftin, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Apr 98, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 26 Jun 98.
Exhibit D. Letter, AFBCMR, dated 13 Jul 98.
BENEDICT A. KAUSAL IV
Panel Chair
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