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AF | BCMR | CY1999 | 9803090
Original file (9803090.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-03090
                 INDEX CODE 112.05  128.05
                 COUNSEL:  None

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment date be changed from 19 July 1998 to 20 July 1998  to
allow her to collect a Zone A Selective Reenlistment  Bonus  (SRB)  in
the pay grade of senior airman (SRA) rather than  airman  first  class
(A1C).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons applicant believes she has been the  victim  of  an  error
and/or an injustice are contained in her complete submission, which is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force in the grade of airman
basic for a period of four years on 19 July 1995. This gave her a date
of separation (DOS) of 18 July 1999.

She was promoted to the grade of SRA with a date of  rank  of  19 July
1998. She also reenlisted on 19 July 1998 for six years. Consequently,
her SRB was at the A1C rate because that was the grade she held on  18
July 1998, her DOS. At the time she was on temporary  duty  (TDY)  for
120 days in Bosnia. She had to extend or reenlist in order  to  accept
an assignment  at  Wright-Patterson  AFB  (WPAFB).  According  to  the
Personnel Data System (PDS), she began her assignment at WPAFB  on  21
August 1998.

With regard to the applicant’s desire to enlist in Bosnia for  a  tax-
free SRB, AFI 36-2606, para. 2.18, Combat Zone Tax Exclusion, the  SRB
(initial payment and annual installments) is not  taxable  for  airmen
who reenlist or extend in a month during  which  they  qualify  for  a
combat zone tax exclusion. They must either reenlist or extend in  the
designated combat zone or at another location during the same month in
which they served in the designated combat zone.

HQ AFPC/DPPAE informally advised the AFBCMR Staff that she could  have
reenlisted on 20 July 1998, when  she  had  assumed  the  SRA  because
members can reenlist within three duty days beyond their DOS.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Skills Management Branch, HQ AFPC, states that  the  appeal
should be denied because the applicant has not  provided  evidence  to
collaborate her allegation of miscounseling.

A copy of the complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the  evaluation,  asserting  that  she  was
leaving Bosnia on 20 July 1998 and her functional manager  wanted  her
to reenlist as soon as possible so that she would have orders  waiting
with a report date of 21 August 1998.  The only  information  she  was
given was that she could reenlist on her three-year anniversary  which
was 19 July 1998. She never had any formal  counseling  regarding  the
pay procedures for her SRB. She thought she  was  reenlisting  on  the
19th as an SRA and would be entitled to her SRB as such.  She provides
three statements supporting her appeal.

A copy of her complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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 to warrant  changing  the
applicant’s reenlistment date as requested.  Based on the  applicant’s
supporting documentation, it appears she did not know  that  SRBs  are
based on the pay grade at the date of discharge rather than  the  date
of reenlistment.  If she had been properly advised, it  seems  logical
to believe that, as a reasonable person, she  would  have  waited  one
more day to reenlist and gotten the more advantageous  SRB.  Since  HQ
AFPC/DPPAE informally advised that a member can reenlist within  three
duty
days beyond the DOS, we recommend the applicant’s records be corrected
as indicated below to allow her to receive her SRB at the  appropriate
pay grade without a break in service.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show  that  she  was  honorably
discharged effective 19 July 1998,  rather  than  18  July  1998,  and
reenlisted in the Regular Air Force on 20 July 1998,  rather  than  19
July 1998, for a period of six years,  with  entitlement  a  Selective
Reenlistment Bonus at the pay grade  of  senior  airman,  rather  than
airman first class.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 August 1999, under the provisions of  AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Mike Novel, Member
                  Mr. Philip Sheuerman, Member

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

   Exhibit A.  DD Form 149, dated 29 October 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC, dated 12 Jan 99.
   Exhibit D.  Letter, AFBCMR, dated 25 Jan 99.
   Exhibit E.  Letter, Applicant, 25 Mar 99.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

112.05
         112.06  128.05
112.07
AFBCMR 98-03090




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 she was
honorably discharged effective 19 July 1998, rather than 18 July 1998,
and reenlisted in the Regular Air Force on 20 July 1998, rather than
19 July 1998, for a period of six years, with entitlement a Selective
Reenlistment Bonus at the pay grade of senior airman, rather than
airman first class.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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