ADDUNDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 95-01615
INDEX NUMBER: 128.05
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His zone A, multiple two Selective Reenlistment Bonus (SRB),
received in conjunction with his 13 April 1995 reenlistment, be
computed on four years of service, rather than three years.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to reenlisting, he was repeatedly told that he would be paid
a reenlistment bonus for zone A, multiple two, based on four years
and 0 months even though he was reenlisting one year before the end
of his first enlistment. When he asked if his bonus would be
penalized for reenlisting early, he was told that first-term airmen
are exempt from that penalty.
In support of his request, applicant provided his personal
statement and a copy of his 13 April 1995 reenlistment contract
(Exhibit A).
___________________________________________________________________
STATEMENT OF FACTS:
On 27 March 1992, the applicant contracted his initial enlistment
in the Regular Air Force for a period of four (4) four years. He
had an established date of separation of 26 March 1996.
He reenlisted on 13 April 1995 for a period of four (4) years, with
an established date of separation of 12 April 1999. At the time he
reenlisted, he was entitled to a zone A, multiple two, Selective
Reenlistment Bonus. The enlistment contract provided by the
applicant reflects that he would be paid a zone A, multiple 2.0
bonus based on 4 years and 0 months of continued service.
Information extracted from the Personnel Data System (PDS) reflects
that the applicant enlisted in the Air National Guard on 29 May
1998 for a period of one year.
___________________________________________________________________
AIR FORCE EVALUATION:
The BCMR/Special Actions Section, AFMPC/DPPAES, reviewed this
application and recommended denial of applicant’s request. DPPAES
stated Section IIID (Certification by Members Authorized
Reenlistment Bonus) of applicant’s AF Form 901 (Reenlistment
Eligibility Annex to DD Form 4) incorrectly reflects his zone A,
multiple two SRB was based on four years of service instead of
three. Since the applicant had approximately one year of unserved
time left on his previous enlistment when he reenlisted, 12 months
of obligated service were correctly deducted from his SRB. He was
paid the SRB for three years of service. Based on the incorrect
information reflected on the AF Form 901, it is apparent the
applicant was miscounseled. Nevertheless, Title 37, United States
Code, Section 308, calls for any unserved time left on the previous
enlistment to be deducted from the current term of reenlistment in
computing the bonus payment.
DPPAES further stated that if the Board believes applicant’s
request warrants relief, they could void his 13 April 1995
reenlistment. However, if the reenlistment is voided, applicant
would have to forfeit all SRB monies received. If the Board
elected to void his reenlistment, DPPAES would reinstate his Career
Job Reservation with its original expiration date of 1 August 1995
which would allow the applicant to either reenlist not later than
1 August 1995 or separate on his previous date of separation of
26 March 1996. DPPAES noted that if the applicant elected to
reenlist prior to his CJR expiration, eight months of obligated
service would be deducted from his SRB instead of 12.
The evaluation is at Exhibit C.
Examiner’s Note: By letter dated 10 April 1996, the applicant was
asked if he would he accept a reenlistment date of 27 March 1996
for a period of four years rather than the 1 August 1995 date
suggested in the advisory opinion, should the Board determine that
corrective action was warranted. No response was received from the
applicant nor was the letter returned as undeliverable.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Staff evaluation was forwarded to the applicant
on 31 July 1995 for review and comment within 30 days. As of this
date, no response has been received by this office.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. After
careful consideration of the applicant’s complete submission, we
believe that the applicant may have been miscounseled regarding the
computation of his Selective Reenlistment Bonus (SRB).
Nevertheless, the statute governing reenlistment bonuses requires
that any unserved obligated service be subtracted from the current
term of reenlistment when computing bonuses. In this case, the
applicant had approximately one year of unserved obligated service
from his previous enlistment; therefore, he was not entitled to
receive the full four year SRB payment. Applicant was advised that
the only way to provide the requested relief would be to show that
he reenlisted on 27 March 1996 for a period of four years, rather
than 13 April 1995. However, he did not respond to inquiries as to
whether he would be willing to accept the later reenlistment date.
In view of the foregoing, and in the absence of evidence to the
contrary, we conclude that there is no basis upon which to
recommend favorable action on the applicant’s request.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission
of newly discovered relevant evidence not considered with this
application.
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 15 September 1998 and 6 April 1999, under the
provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Allen Beckett, Member
Mr. Henry Romo Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Apr 95, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFMPC/DPPAES, dated 5 Jul 95.
Exhibit D. Letter, SAF/MIBR, dated 31 Jul 95.
Exhibit E. Letters, AFBCMR, dated 10 Apr 96 and
1 Oct 98.
BARBARA A. WESTGATE
Panel Chair
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