RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00020
INDEX CODE: 100.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her current reenlistment date be changed from 16 December 1998 to
18 December 1998, to allow eligibility to collect a Zone B, Selective
Reenlistment Bonus (SRB).
If given the change of enlistment date, her original reenlistment of 4
years be changed to 6 years.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was not properly briefed by her Military Personnel Flight (MPF)
concerning the SRB program. She was not informed that a new SRB
listing would be released in December and that her Air Force Specialty
Code (AFSC) of 5J0X1 might be on the new listing. On 16 December
1998, she reenlisted and returned the paperwork to the MPF on 17
December 1998. Effective 18 December 1998, 48 hours after she had
reenlisted, paralegals in Zone A and B (2 to 6 years and 6 years to 10
years) were eligible for a reenlistment bonus.
In support of her request, the applicant submits a personal statement,
with additional documents associated with the issues cited in her
contentions. These documents are appended at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted her initial enlistment in the Regular Air Force
on 24 May 1991. She reenlisted in the Regular Air Force on 9 February
1995 in the grade of senior airman for a period of 4 years. She was
progressively promoted to the grade of staff sergeant (E-5), with an
effective date and date of rank of 1 July 1997. On 7 August 1998, the
applicant’s request for a 21 month enlistment extension was approved,
which changed her date of separation (DOS) from 8 February 1999 to 8
November 2000. The applicant’s most recent enlistment was on 16
December 1998 in the grade of E-5 for a period of 4 years.
Information extracted from the Personnel Data System (PDS) reveals
that the applicant held the Duty Air Force Specialty Code (DAFSC) of
5J051 since 29 November 1994.
_________________________________________________________________
AIR FORCE EVALUATION:
The Skills Management Branch, HQ AFPC/DPPAE, stated that, at the time
the applicant reenlisted, she had no reason to believe her AFSC would
get an SRB. On 18 Dec 98, HQ USAF/DPRS announced that her AFSC would
receive a SRB Zone B, multiple .5 reenlistment bonus. The applicant
alleges miscounseling by the MPF but has provided no evidence (i.e.,
statement from the MPF counselor) to corroborate this allegation.
DPPAE recommended the applicant’s request be denied (Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and indicated that through
follow-up conversations with AFPC, she learned that the Air Staff had
directed that SRBs be reviewed twice a year and that these lists
typically are released around July and December of each year. She was
further informed that while the Reenlistment Section cannot know what
will be on the SRB lists, it is and should be their responsibility to
explain the SRB facts to all personnel reenlisting. She has provided
a statement from SrA H--- of the Reenlistment Section at Grand Forks
AFB, ND, who denies any responsibility of miscounseling.
She was not in a time crunch to reenlist. She had an extension that
did not go into effect until 8 February 1999. She had 2 months from
the first time (2 December 1998) she went into the reenlistment office
until her extension began. Had she been told the new SRB list would
be coming out in a couple of weeks and if she thought her zone might
be on it, she would have waited to reenlist. It may be SrA H---’s
normal day-to-day practice to brief personnel about the SRB listing,
as she stated, but this was not so in her case. On 22 December 1998,
she received notice via e-mail of the newly released SRB - 6 days
after she reenlisted. When she contacted the Reenlistments Section to
see what could be done, SrA H--- said that she missed the cutoff and
nothing could be done.
While attending a paralegal conference, she spoke to two paralegals
regarding her situation. The one paralegal reenlisted on 18 December
1999 and stated that after receiving a call from his MPF, briefing him
on the newly released SRB information, he was allowed to reaccomplish
his paperwork. He reenlisted within the appropriate time frame, but
wanted to reenlist for 6 years versus his initial 4 years he selected
(additional money for the extra 2 years). The second paralegal said
that she reenlisted but did not qualify; however, her MPF told her
that reenlistment dates could be changed but it would have to be
something for a very important reason.
Copies of the applicant’s response, with the statement from the
Reenlistment Section, and the additional documents in support of her
appeal are appended 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 injustice. Having reviewed the applicant’s
submission and the evidence of record, we find there is sufficient
basis to warrant a finding of possible inadequate counseling in this
case. Based on the proximity of the dates of the applicant’s
reenlistment and the release of the revised SRB skills list and
because the skills list is revised twice yearly, the applicant’s skill
was authorized a Zone A bonus, and the applicant was not actually
required to reenlist at that point in time, we believe it would have
been an appropriate course of action to counsel the applicant to delay
her enlistment. Had the applicant been counseled concerning the
release of a new Selective Reenlistment Bonus (SRB) listing in
December and the possibility of her Air Force Specialty Code (AFSC)
being on the list, we find it difficult to believe she would not have
waited until the revised SRB list was released to reenlist. In order
to preclude any possible injustice, the applicant’s record should be
corrected as indicated below. However, we are not inclined to change
the 4 year term of enlistment. We therefore conclude that the
applicant’s record should be corrected as 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:
a. She was honorably discharged from the Regular Air Force on
17 December 1998 instead of 15 December 1998 and reenlisted in the
Regular Air Force on 18 December 1998 instead of 16 December 1998 for
a period of four years.
b. At the time of her reenlistment on 18 December 1998, she was
entitled to a Zone B, Multiple .5, Selective Reenlistment Bonus (SRB).
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 1 July 1999, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Joseph A. Roj, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Dec 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 3 Feb 99.
Exhibit D. Letter, SAF/MIBR, dated 22 Feb 99.
Exhibit E. Letter from applicant, dated 18 Mar 99, w/atchs.
TERRY A. YONKERS
Panel Chair
AFBCMR 99-00020
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:
a. She was honorably discharged from the Regular Air
Force on 17 December 1998 instead of 15 December 1998 and reenlisted
in the Regular Air Force on 18 December 1998 instead of 16 December
1998 for a period of four years.
b. At the time of her reenlistment on 18 December 1998,
she was entitled to a Zone B, Multiple .5, Selective Reenlistment
Bonus (SRB).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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