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AF | BCMR | CY1999 | 9803473
Original file (9803473.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03473
            INDEX CODE:  128.14

      .     COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to reenlist  prior  to  20  Jun  98  to  qualify  for  a
Selective Reenlistment Bonus (SRB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not properly briefed.  Had he been correctly briefed, he  would
have reenlisted before 20 Jun 98 and accepted a Selective Reenlistment
Bonus (SRB) for his critical Air Force Specialty Code (AFSC).

In support his appeal, the applicant  provided  a  personal  statement
(Exhibit A).

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
staff sergeant, having been promoted to that grade on 1 Feb  96.   His
Date Estimated Return from Overseas (DEROS) is 11 Jul 2000.  His  Date
of Separation is 31 Jul 2000.

The relevant facts pertaining to this application are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Skills Management Branch, AFPC/DPPAE,  reviewed  this  application
and noted that a review of the applicant’s case file  indicated  there
was sufficient  reason  to  believe  he  was  miscounseled  about  his
reenlistment options.  Based on his DEROS of 11 Jul 99, he could  have
reenlisted in Apr 98 to obtain  service  retainability  for  permanent
change  of  station  (PCS).   DPPAE  recommended  that   a   four-year
constructive reenlistment be granted,  effective  19 Apr 98  (10  days
from the applicant’s initial inquiry about his reenlistment  options).
The AF Form 901, Reenlistment Eligibility Annex to DD Form 4,  Section
III (D) should reflect an SRB Zone B, Multiple 1, payable for 2  years
and 2 months.  According to DPPAE, the applicant is  not  entitled  to
the full four years due to obligated service he already had based on a
separation date of 31 Jan 2000.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the  applicant  stated  that,  due  to  an  immediate
requirement for retainability mandated by  a  DEROS  option  selection
time requirement,  an  enlistment  extension  was  unavoidable.   This
extension was required even while he was awaiting the decision of  the
Board.

Applicant’s complete response 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.  Having  carefully  reviewed
this application, we agree with the recommendation of  AFPC/DPPAE  and
adopt the rationale expressed as the basis for our decision  that  the
applicant  has  been  the  victim  of  an  error  or   an   injustice.
Accordingly, we recommend that the applicant’s records be corrected as
indicated below.  This should afford the applicant proper and  fitting
relief.

_________________________________________________________________

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 18 Apr 98, and reenlisted on 19 Apr 98, for a period  of
four years, with entitlement  to  a  Zone  B,  Multiple  1,  Selective
Reenlistment Bonus, with obligated service through 31 Jan 2000.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 Aug 98, under the provisions of AFI 36-2603:

      Mr. Robert W. Zook, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Peggy E. Gordon, Member

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

     Exhibit A.  DD Form 149, dated 7 Dec 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 2 Feb 99.
     Exhibit D.  Letter, SAF/MIBR, dated 15 Feb 99.
     Exhibit E.  Letter, applicant, dated 23 Feb 99.




                                   ROBERT W. ZOOK
                                   Panel Chair


AFBCMR 98-03473




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 , be corrected to show that he was honorably
discharged on 18 Apr 98, and reenlisted on 19 Apr 98, for a period of
four years, with entitlement to a Zone B, Multiple 1, Selective
Reenlistment Bonus, with obligated service through 31 Jan 2000.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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