RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-03117
INDEX CODE: 128.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to receive a Zone "A" Selective Reenlistment Bonus (SRB)
with a Multiple of 3.0.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In June 2000, he was notified of a permanent change of station (PCS)
assignment. To accept the assignment, he was required to reenlist in order
to obtain the required retainability. A Military Personnel Flight (MPF)
representative advised him that he would be entitled to a Zone "A" SRB in
the amount of approximately $25,500, if he reenlisted for a period of 6
years. Based on the information he received from the MPF, on 16 Aug 00, he
reenlisted for a period of 6 years. After discovering that the SRB payment
was not deposited into his account as he was informed, he made numerous
attempts to find out why. On 25 Oct 00, he was advised that he would not
be receiving the SRB payment due to an error made by the MPF. He was told
that he was ineligible for the SRB due to the fact that he had over 6 years
time in service at the time of his reenlistment. After reviewing his
reenlistment documents and AFI 36-2606, he discovered that he was indeed
not entitled to the SRB. An individual representing the Air Force made the
error on a legal contract. His entitlement to the SRB was the determining
factor in his decision to reenlist for another 6 years.
In support of his request applicant provided a personal statement and a
copy of his reenlistment documents. His complete submission is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant, a prior service enlistee, contracted his most recent enlistment
in the Regular Air Force on 30 Apr 98. He had an established date of
separation of 29 Apr 02. He reenlisted on 16 Aug 00 for a period of 6
years. Upon his reenlistment, he was credited with 6 years, 3 months and
16 days of total active duty service. Section III, D, of his AF Form 901,
Reenlistment Eligibility Annex to DD Form 4, indicated that he understood
that he would be entitled to a Zone A, Multiple 3 SRB based on 5 years and
3 months of continued service. He is currently serving on active duty in
the grade of staff sergeant, having assumed that grade effective and with a
date of rank of 1 Jul 00.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Skills Management Branch, AFPC/DPPAE, reviewed applicant's
request and recommends denial. DPPAE states that applicant was not
eligible to reenlist prior to his sixth year of service to qualify for a
Zone A SRB. His first opportunity to reenlist was in June 2000 after
receipt of a PCS assignment. However, at that point he had already
completed 6 years of service as of April 2000 and the MPF should have been
aware that he was already past his eligibility window for a Zone A SRB.
Nonetheless, we should not reward or compensate him with an SRB entitlement
he is not authorized based on the provisions of law and DOD policy (see
Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19 Jan
01 for review and response within 30 days. As of this date, this office
has received no response.
_________________________________________________________________
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 warranting corrective action.
Based on the evidence of record, it appears that the applicant was
miscounseled by Military Personnel Flight (MPF) representatives regarding
his entitlement to receive a Selective Reenlistment Bonus (SRB) upon
reenlistment. He contracted his reenlistment in the Air Force in good
faith that he would be entitled to an SRB. The applicant states, and we
believe, that he based his decision to reenlist on his entitlement to
receive the SRB. Had he been properly counseled, he would have had the
opportunity to make a more informed decision with regard to whether or not
he would reenlist. In view of the foregoing, and to preclude any further
injustice to the applicant, we believe any doubt in this matter should be
resolved in his favor. Accordingly, we recommend that his records be
corrected as 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 27
April 2000, rather than 15 August 2000, and reenlisted on 28 April 2000,
rather than 16 August 2000, for a period of six (6) years, with entitlement
to a Zone A, Multiple 3.0 Selective Reenlistment Bonus.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 20 Mar 01, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Thomas J. Tolpolski, Jr., Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Nov 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 4 Jan 01.
Exhibit D. Letter, SAF/MIBR, dated 19 Jan 01.
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 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that that he was honorably
discharged on 27 April 2000, rather than 15 August 2000, and
reenlisted on 28 April 2000, rather than 16 August 2000, for a period of
six (6) years, with entitlement to a Zone A, Multiple 3.0 Selective
Reenlistment Bonus.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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AF | BCMR | CY2005 | BC-2005-01733
Applicant provided an additional statement, dated 2 May 05, for the Board’s consideration, which is attached at Exhibit B. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that she was honorably discharged on 28 April 2004, rather than 9 May 2005, and reenlisted in the Regular Air Force on 29 April 2004, rather than 10 May 05, for a period...