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AF | BCMR | CY1999 | 9900962
Original file (9900962.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00962
            INDEX CODE: 112.07

            COUNSEL:  None

            HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Selective Reenlistment Bonus (SRB) multiple of 1.5 be reinstated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he signed for his reenlistment bonus on 11 January 1999, he signed  for
a 1.5 bonus multiplier.  He picked  up  his  reenlistment  paperwork  on  15
February 1999 and no one told him the  bonus  multiplier  had  changed.   He
reenlisted with good faith in the Air Force that he would be  paid  the  1.5
multiplier.  After he reenlisted TSgt  L---  informed  him  that  the  bonus
multiplier was in error and  he  was  authorized  only  0.5.   He  made  the
decision to reenlist on the grounds that he would  receive  the  1.5  bonus.
He was not at fault for this mistake and should not be  penalized  for  this
error.

In support of the appeal, applicant submits a  letter  from  the  Commander,
Military Personnel Flight (MPF) stating the applicant reenlisted on 1  March
1999 for 6 years with the understanding that he was to receive  a  1.5  SRB.
The applicant was never briefed that  the  SRB  was  being  changed,  either
written or verbally.  To the contrary, he  signed  a  Report  on  Individual
Person (RIP) from AFPC reenlistments, dated 6 January 1999, that  showed  he
was still getting the 1.5.  Because  of  this  miscounseling,  both  by  his
career enhancements section and AFPC Reenlistments, the applicant should  be
allowed to receive the SRB at the 1.5 rate.  If  the  applicant  would  have
known that the SRB was being lowered, then he would have had the  chance  to
change his reenlistment options.

In further support he submits a personal letter with his  chain  of  command
endorsements, AF Form 901, Reenlistment Eligibility  Annex  to  DD  Form  4,
dated 19 February 1999, and RIP, dated 6 January 1999.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 May 1990, applicant enlisted in the Regular Air Force in the  grade  of
airman basic for a period of 4 years.

On 31 May 1993, applicant reenlisted in the grade of  senior  airman  for  a
period of 6 years.  His expiration of term  of  service  (ETS)  was  30  May
1999.  He was first eligible to reenlist on 28 February 1999.

Effective 18 January 1999, the SRB for the applicant’s Air  Force  Specialty
Code (AFSC), 4T052, had been reduced from 1.5 to 0.5.

On 19  February  1999,  the  applicant  signed  AF  Form  901,  Reenlistment
Eligibility Annex to DD Form 4, indicating a Zone B, Multiple 1.5 bonus.

On 1 March 1999, the applicant reenlisted in the Air Force for  6  years  in
the grade of staff sergeant.  He received a SRB of 0.5 multiple.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Skills  Management  Branch,  Dir  of  Personnel  Program  Mgmt,
AFPC/DPPAE, reviewed this application and states that  the  applicant  would
be entitled to the higher SRB multiple only if he was eligible  to  reenlist
prior to 18 January  1999  and  the  military  personnel  flight  (MPF)  had
neglected to notify him of the  projected  change  to  his  SRB  multiplier.
Review of the applicant’s service dates indicates he  was  not  eligible  to
reenlist at anytime prior to 18 January 1999.  In accordance  with  AFI  36-
2606, Reenlistment in the United States Air Force, Table 3.8,  Rule  7,  the
applicant had to be within 3 months of his ETS to be eligible  to  reenlist.
Based on the applicant’s previous ETS of 30 May 1999, he was first  eligible
to reenlist on 28 February 1999.  The  applicant  is  not  entitled  to  the
higher SRB nor is there evidence  of  miscounseling,  error,  or  injustice.
They recommend denial of applicant's request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  states  that  at  his
reenlistment briefing on 11 January 1999, he  signed  a  document,  in  good
faith, indicating his intent to reenlist, after being briefed  that  he  was
to receive a SRB of 1.5.  Furthermore, the day  of  his  reenlistment  on  1
March 1999, he signed AF Form 901, indicating he had reenlisted with  a  1.5
SRB multiplier.  The injustice relates to the  fact  that  his  decision  to
reenlist for 6 years instead of 4 years, and/or to pursue  a  then  definite
cross-training option, was based upon the fact that he was to receive a  SRB
multiplier of 1.5.  His understanding that he  would  receive  the  1.5  SRB
solely  determined  his  career  decisions.   He  signed  documentation  and
reenlisted for a SRB of 1.5, with no indication of  a  change  in  the  SRB,
verbally or otherwise.  It was not until several days later  that  he  found
out the SRB had changed.

Applicant's complete response, with attachments, is attached 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.  Based on the evidence of  record,
we  believe  the  applicant  was  miscounseled   regarding   the   Selective
Reenlistment Bonus (SRB)  multiplier  that  he  was  to  have  receive  upon
reenlistment.   The  statement  submitted  from  the   Commander,   Military
Personnel Flight indicates that the applicant was  never  briefed  that  the
SRB  was  being  changed,  either  written  or  verbally,  by   the   career
enhancements section  or  by  reenlistments.   In  addition,  the  applicant
states he based his decision to reenlist on the  information  received.   In
view of the  above  determination  and  to  remove  any  possibility  of  an
injustice, we recommend his records be corrected  to  the  extent  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 he was honorably  discharged  on  16
January 1999, rather than 28 February 1999, and reenlisted  in  the  Regular
Air Force on 17 January 1999 rather than 1 March 1999, for a period  of  six
(6) years, and, as an exception to policy, he  is  entitled  to  a  Zone  B,
Multiple 1.5 Selective Reenlistment Bonus, payable for five years and  seven
months.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 5 October 1999, under the provisions of AFI 36-2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. Edward Parker, Member
              Mr. Patrick R. Wheeler, Member
                  Ms. Gloria J. Williams, Examiner (without vote)

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

   Exhibit A.  DD Form 149, dated 29 Mar 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 9 Jun 99.
   Exhibit D.  Letter, AFBCMR, dated 28 Jun 99.
   Exhibit E.  Applicant's Response, dated 15 Jul 99,
               with attachments.




                                   BARBARA A. WESTGATE
                                   Panel Chair


AFBCMR 99-00962




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 16 January 1999, rather than 28 February 1999, and reenlisted
in the Regular Air Force on 17 January 1999 rather than 1 March 1999, for a
period of six (6) years, and, as an exception to policy, he is entitled to
a Zone B, Multiple 1.5 Selective Reenlistment Bonus, payable for five years
and seven months.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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