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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AF Form 1441 (Extension or Cancellation of Extensions of Enlistment in the Regular Air Force/Air Force Reserve) has an additional extension counseling section which includes two statements which were not initialed by him indicating that he was not briefed this information. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the extension...
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