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AF | BCMR | CY2000 | 9900617
Original file (9900617.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00617
            INDEX NUMBER:  128.05

            COUNSEL:  NONE

            HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was  entitled  to  the  full
Selective Reenlistment Bonus (SRB) for four years versus  one  year
and five months.

APPLICANT CONTENDS THAT:

He was not briefed on any contractual aspects of the  SRB  program.
If he had been properly briefed on the SRB program, he  could  have
made a better determination about his future career with or without
the Air Force.

Applicant’s complete statement, and documentary evidence in support
of his appeal, are at Exhibit A.

STATEMENT OF FACTS:

Prior to the period of service under review, the  applicant  served
in the Regular  Air  Force  in  two  consecutive  enlistments  from
4 October 1988 through 12 September 1995.

On  13  September  1995,  he  reenlisted  for  three  years,  which
established his date of separation (DOS) as 12 September 1998.   On
27 October 1997, he requested  and  was  approved  for  a  16-month
extension of his enlistment  for  the  purpose  of  qualifying  for
training.  His DOS was extended to  12  Jan  2000.   On  3 November
1997, he  requested  and  was  approved  for  an  additional  month
extension to his enlistment for the purpose of  qualifying  for  an
overseas permanent change of station (PCS) assignment.  His DOS was
further extended until 12 February 2000.  On 31 December  1997,  he
requested a third extension to his enlistment for a  period  of  12
months  for  the  purpose  of  qualifying  for  an   overseas   PCS
assignment.  His request was approved  and  his  DOS  was  extended
until 12 February 2001 [the three extensions of enlistment totalled
29 months].  On 6 July 1998, the applicant was honorably discharged
for the sole purpose of reenlistment.

On 7 July 1998, he reenlisted for four years.  At the time  of  his
enlistment, he was  entitled  to  a  Selective  Reenlistment  Bonus
(SRB), Zone B, Multiple l.5, based  on  1  year  and  5  months  of
continued service.


AIR FORCE EVALUATION:

The  Skills  Management  Branch,  AFPC/DPPAE,  recommended  denial,
stating, in part, that  a  review  of  the  applicant’s  case  file
revealed  that  the  extension  documents  were  not  initialed  in
accordance  with  AFI  36-2606.   In  the  absence  of  applicant’s
initials, they must conclude that  he  was  not  counseled  on  the
impact of the extensions on future SRB entitlements.   Nonetheless,
the failure by the reenlistment clerk to ensure  proper  counseling
and completion of the extension documents may not by itself justify
granting the applicant the full SRB entitlement.  If  he  had  been
aware of the impact of the extensions on future  SRB  entitlements,
he had  two  options  --  either  extend  29  months  for  the  PCS
assignment or refuse to obtain the retainability and separate  from
active duty.

If the Board  determines  corrective  action  is  warranted,  DPPAE
recommended:  (1) returning the  applicant  to  his  previous  AFSC
(3E751).  This would require the  Defense  Finance  and  Accounting
Service (DFAS) to adjust his SRB entitlement for time he  will  not
serve in the SRB skill; or (2) allowing the applicant the full  SRB
entitlement with no deductions  for  the  29  months  of  obligated
service.

The complete evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant stated that if he had known about all aspects of the  SRB
program, he might or might not have made the choice to stay in  the
Air Force; however, he made a decision based on not knowing all the
facts.

As far as the recommended choices for correction of the problem, he
has no complaints about  the  two  options  offered;  however,  one
option that he presented previously was to separate  him  from  the
Air Force completely.

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.   After  careful
consideration of the applicant’s complete  submission,  it  appears
that he may not have been properly counseled  on  what  impact  the
extensions  of  his  enlistment  would  have  on  future  Selective
Reenlistment Bonus (SRB) entitlements.  We are of the opinion  that
if the applicant had been properly counseled  that  the  extensions
would reduce the period of the SRB bonus, he might have made  other
career choices.  In view of this, we believe some form of relief is
warranted.  We noted that the applicant requested that he be  given
the bonus for  the  full  four  years.   However,  because  he  had
obligated service through  12  September  1998  from  his  previous
enlistment, by law, he is only entitled to the bonus for the period
of the 7 July 1998 enlistment  minus  the  obligated  service.   We
therefore recommend that the 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:

      a.  The  extension  of  his  13  September  1995  enlistment,
executed on 27 October 1997, be declared void.

      b.  The  extension  of  his  13  September  1995  enlistment,
executed on 3 November 1997, be declared void.

      c.  The  extension  of  his  13  September  1995  enlistment,
executed on 31 December 1997, be declared void.

      d.  At the time of his enlistment on  7  July  1998,  he  was
entitled to a Selective Reenlistment Bonus (SRB), Zone B,  Multiple
1.5, with obligated service through 12 September 1998.

The following members of the Board considered this  application  in
Executive Session on 18 January 2000, under the provisions  of  AFI
36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Patricia D. Vestal, Member
      Mr. Gregory W. DenHerder, Member

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

     Exhibit A.  DD Form 149, dated 10 Feb 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 10 May 99.
     Exhibit D.  Letter, SAF/MIBR, dated 24 May 99.
     Exhibit E.  Letter, Applicant, dated 27 May 99.




                                   RICHARD A. PETERSON
                                   Panel Chair

AFBCMR 99-00617




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.  The extension of his 13 September 1995 enlistment,
executed on 27 October 1997, be, and hereby is, declared void.

            b.  The extension of his 13 September 1995 enlistment,
executed on 3 November 1997, be, and hereby is, declared void.

            c.  The extension of his 13 September 1995 enlistment,
executed on 31 December 1997, be, and hereby is, declared void.

            d.  At the time of his enlistment on 7 July 1998, he
was entitled to a Selective Reenlistment Bonus (SRB), Zone B,
Multiple 1.5, with obligated service through 12 September 1998.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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