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AF | BCMR | CY1999 | 9900020
Original file (9900020.doc) Auto-classification: Approved

                       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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