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AF | BCMR | CY2001 | 0101064
Original file (0101064.doc) Auto-classification: Approved

                           7RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01064
            INDEX CODE:  112-03, 128.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The 36-month extension of his enlistment contract be voided so that  he  may
reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was advised by a Military Personnel Flight (MPF) representative, that  if
volunteered for an overseas assignment and extended his  current  enlistment
for a period of 36 months to obtain the  required  retainability,  he  would
receive a Zone C Selective Reenlistment Bonus (SRB) upon entering  into  the
extension.  He has since discovered that he was provided  false  information
and is not  eligible  to  receive  the  SRB  payment  as  indicated  on  his
contract.

In support of his request applicant provided a personal  statement;  a  copy
of his AF Form 1411, Extension or Cancellation of  Extension  of  Enlistment
in the Regular Air Force/Air Force Reserve; a memorandum from 86  MSS/DPMPQ;
and, his retainability requirements memorandum.  His complete submission  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  5
Apr 90.  He has been progressively promoted to the grade of staff  sergeant,
having assumed that grade effective and with a date of rank  of  1  May  97.
He reenlisted on 9 Jan 97, for a period of 4 years.  On 8 Feb 00,  applicant
contracted an extension to his 9 Jan  97  enlistment  for  a  period  of  36
months.  Section IX of his extension contract indicates that  upon  entering
his extension, he will receive a Zone C,  Multiple  1.0,  SRB  payment.   He
entered into the extension on 9 Jan 01.

_________________________________________________________________



AIR FORCE EVALUATION:

The  Assistant  Chief,  Skills  Management  Branch,   AFPC/DPPAE,   reviewed
applicant’s request and recommends denial.  DPPAE  states  that  airmen  are
eligible for a Zone C SRB when they extend their enlistment for at least  36
months in one increment provided the extension will  permit  the  member  to
complete at  least  14  years  of  Total  Active  Federal  Military  Service
(TAFMS).  In applicant’s case, he needed to extend 39 months to complete  14
years TAFMS.  Canceling his extension and reenlisting now  would  allow  him
to  obtain  additional  entitlements  he  would  not  have  otherwise   been
entitled.   His  current  extension  contract  allowed  him  to  obtain  the
required retainability for a permanent change of  station  (PCS)  assignment
(see Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the advisory and states that the problem is not  when
the extension would end, but when it would begin.  The  date  you  enter  an
extension is the date used to determine  what  zone  you  are  in.   If  his
extension was extended another 3 months,  it  would  not  fix  the  date  he
entered the extension.  The correct way  to  fix  this  is  to  nullify  the
extension and allow him to reenlist (see 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  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).   It
appears that he contracted an extension of  his  enlistment  on  8  February
2000, for a period of 36 months in good faith that he would be  entitled  to
receive an SRB upon entering the extension.  In  this  regard,  with  proper
counseling, if he had extended for a period of 39 months,  vice  36  months,
he would have received a Zone C  SRB  payment  multiplied  by  the  39-month
period.  If he had reenlisted to obtain his required retainability  in  lieu
of extending his enlistment, he would not  have  been  entitled  to  an  SRB
because at that time he was still in Zone B.   He  had  already  received  a
Zone B SRB payment and in accordance with policy only  one  SRB  payment  is
authorized for each zone.  We considered applicant's request to  cancel  his
extension and allow him to reenlist after he entered Zone C on  4 April  00.
He contends that he volunteered for the overseas  assignment  based  on  the
counseling that he  received.   In  this  regard,  it  is  our  opinion  the
applicant has not provided evidence that  would  persuade  us  that  he  was
advised correctly, in this matter.   Therefore,  as  the  fairest  and  most
equitable resolution, we recommend that 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 on 8 February 2000,  he  executed  an
extension of his enlistment for a period of 39 months, vice  36  months  and
upon entering his extension on 9 January 01, we has entitled to  a  Zone  C,
Multiple 1.0, Selective Reenlistment Bonus.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 21 Aug 01, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Edward H. Parker, Member
      Mr. Billy C. Baxter, Member

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

     Exhibit A.  DD Form 149, dated 26 Mar 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 13 Jul 01.
     Exhibit D.  Letter, SAF/MIBR, dated 20 Jul 01.
     Exhibit E.  Letter, Applicant, dated 1 Aug 01.




                                  JOHN L. ROBUCK
                                  Panel Chair



AFBCMR 01-01064




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  on  8  February  2000,  he
executed an extension of his enlistment for a period of 39 months,  vice  36
months and upon entering his extension on 9 January 01, we has  entitled  to
a Zone C, Multiple 1.0, Selective Reenlistment Bonus.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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