Search Decisions

Decision Text

AF | BCMR | CY2001 | 0002178
Original file (0002178.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02178

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a Zone B, Multiple 1.5, Selective Reenlistment Bonus (SRB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was miscounseled by his Military Personnel Flight (MPF) that his SRB  had
increased from a multiple 1 to 1.5.

The applicant states that his  MPF  changed  his  reenlistment  contract  to
reflect the increase in the SRB multiple and the Air Force should honor  the
contract.

In support of the appeal, applicant  submits  a  copy  of  his  reenlistment
contract.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Skills Management Branch, AFPC/DPPAE,  reviewed  the  application
and states that after further research concerning the reason for the  change
in the reenlistment document, the MPF advised that applicant’s contract  was
correct at the time of his reenlistment.  On 12  July  2000,  the  applicant
indicated his SRB was incorrect and without first verifying the correct  SRB
entitlement, the MPF  reacted  by  changing  his  reenlistment  document  to
reflect an SRB multiple 1.5.  However, in their opinion, the  administrative
error had no significant impact on the applicant,  nor  was  it  of  such  a
level to justify rewarding him for this simple mistake.   The  fact  remains
the applicant received the correct SRB entitlement and the error noted  does
not justify additional entitlements  beyond  those  authorized  by  law  and
Department of Defense policy.  Therefore, they recommend the application  be
denied.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  reviewed  the  Air  Force  evaluation  and  states  that  he
reenlisted for a period of  6  years,  not  4  years  as  indicated  in  the
advisory opinion.  In addition, the statement that he indicated to  the  MPF
that the SRB was incorrect is not true.  He  reenlisted  on  19  June  2000,
while serving on an over 30-day deployment.  On 12 July  2000,  he  returned
from the deployment and took his reenlistment paperwork to the MPF.  At  the
time, he was not aware of the increase in the SRB multiple.   An  individual
at the MPF informed him the SRB had increased.  He told  the  individual  of
his  reenlistment  date  and  was  told  that  he  was  eligible,  and   his
reenlistment paperwork was changed.  It was not until he received his  Leave
and Earning Statement on 27  July  2000,  that  he  discovered  he  was  not
receiving the increased SRB multiple.

The applicant’s complete response is attached at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Chief, General Law  Division,  AF/JAG,  states  that  although  the  MPF
member acting on behalf of the Air Force executed  the  defective  amendment
to the applicant’s AF Form 901, Reenlistment Eligibility Annex  to  DD  Form
4, he had no actual authority to do so since “1.5”  was  not  designated  as
the  SRB  multiple  when  the  applicant  reenlisted  on   19   June   2000.
Furthermore, unauthorized acts of a Government agent are not binding on  the
Government.  Therefore, they recommend the applicant’s request be denied.

A complete copy of the evaluation is at Exhibit G.

_________________________________________________________________





APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  30
January 2001 for review and response with 30  days.   However,  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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  In this respect, we note  that  a
representative of the applicant’s MPF amended his reenlistment  contract  to
reflect a multiple of “1.5,” rather than “1.”  Although AF/JAG  states  that
the MPF representative had no actual authority to do so since “1.5” was  not
designated  as  the  SRB  multiple  when  the   applicant   reenlisted   and
unauthorized acts of a Government agent are not binding on  the  Government,
we disagree.  While the amended contract may not be legally binding  on  his
entitlement to a multiple “1.5,”  we  believe  it  is  unfair  that  he  was
allowed to reenlist the day prior  to  his  SRB  multiple  being  increased.
Therefore, 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  19
June 2000, rather than 18 June 2000,  and  reenlisted  in  the  Regular  Air
Force on 20 June 2000, rather than 19 June 2000, for a  period  of  six  (6)
years with entitlement to a Zone B,  Multiple  1.5,  Selective  Reenlistment
Bonus.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 1 May 2001, under the provisions of AFI 36-2603:

                       Mr. Patrick R. Wheeler, Panel Chair
                       Mr. E. David Hoard, Member
                       Ms. Patricia D. Vestal, Member
45


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

     Exhibit A.  DD Form 149, dated 2 Aug 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 26 Sep 00.
     Exhibit D.  Letter, SAF/MIBR, dated 13 Oct 00.
     Exhibit E.  Letter, Applicant, dated 27 Oct 00.
     Exhibit F.  Letter, AFBCMR, dated 27 Nov 00.
     Exhibit G.  Letter, AF/JAG, dated 11 Dec 00.
     Exhibit H.  Letter, AFBCMR, dated 30 Jan 01.





                                  PATRICK R. WHEELER
                                  Panel Chair

AFBCMR 00-02178




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 he was honorably
discharged on 19 June 2000, rather than 18 June 2000, and reenlisted in the
Regular Air Force on 20 June 2000, rather than 19 June 2000, for a period
of six (6) years with entitlement to a Zone B, Multiple 1.5, Selective
Reenlistment Bonus.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY1999 | 9900962

    Original file (9900962.doc) Auto-classification: Approved

    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. _________________________________________________________________ THE BOARD...

  • AF | BCMR | CY2001 | 0003117

    Original file (0003117.doc) Auto-classification: Approved

    Based on the information he received from the MPF, on 16 Aug 00, he reenlisted for a period of 6 years. The applicant states, and we believe, that he based his decision to reenlist on his entitlement to receive the SRB. RICHARD A. PETERSON Panel Chair AFBCMR 00-03317 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...

  • AF | BCMR | CY2001 | 0003037

    Original file (0003037.doc) Auto-classification: Approved

    According to DPPAE, a review of the applicant’s case file indicated that the Military Personnel Flight erroneously indicated on the AF Form 901 that he was entitled to a Zone C, Multiple Three (3.0), SRB. Furthermore, we believe that the Military Personnel Flight had the responsibility of providing the applicant with the correct information. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the...

  • AF | BCMR | CY2000 | 0000906

    Original file (0000906.doc) Auto-classification: Approved

    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...

  • AF | BCMR | CY2001 | 0003235

    Original file (0003235.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Skills Management Branch, AFPC/DPPAE, reviewed the application and states that applicant initialed the counseling section of the extension document indicating that he was aware and understood that he could reenlist versus extend. Furthermore, the applicant has not provided any evidence to substantiate that the MPF failed to properly do their job despite his initials on the extension document...

  • AF | BCMR | CY2001 | 0002403

    Original file (0002403.doc) Auto-classification: Approved

    They state that the Military Personnel Flight's (MPF) inclusion of an IEB on the applicant's supplemental enlistment agreement was an administrative error and is not legally binding as he was not authorized to receive an IEB in the 1N431 AFS. In response to the Board's request, the General Law Division, HQ USAF/JAG reviewed the application and recommended the request be denied. __________________________________________________________________________ ______________________ THE BOARD...

  • AF | BCMR | CY2007 | BC-2007-00489

    Original file (BC-2007-00489.doc) Auto-classification: Denied

    The applicant reenlisted before the announcement date. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _______________________________________________________________ The following members of the Board considered Docket...

  • AF | BCMR | CY2004 | BC-2004-00288

    Original file (BC-2004-00288.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: She received an assignment notification to Incirlik ABS, Turkey, and was advised that she would have to extend for 14 months to obtain retainability for this assignment. On 15 August 2003 the applicant reenlisted in the United States Air Force for a period of 4 years and 18 months. DPPAE’s complete evaluation is at Exhibit...

  • AF | BCMR | CY2000 | 9903106

    Original file (9903106.doc) Auto-classification: Approved

    The evidence of record reflects that the applicant reenlisted on 1 Dec 98. At the time of his reenlistment on 18 December 1998, he was entitled to a Zone C, Multiple 1.0, Selective Reenlistment Bonus (SRB) with obligated service through 20 January 1999. At the time of his reenlistment on 18 December 1998, he was entitled to a Zone C, Multiple 1.0, Selective Reenlistment Bonus (SRB) with obligated service through 20 January 1999.

  • AF | BCMR | CY2003 | BC-2003-00718

    Original file (BC-2003-00718.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00718 INDEX CODE: 112.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APLICANT REQUEST THAT: His 17 January 2003 extension be cancelled and he be allowed to reenlist effective 20 January 2003, with authorization to a Zone A Selective Reenlistment Bonus (SRB). Therefore, at the time of the applicant’s DOS in January 2003, the...