RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02290
INDEX CODE: 128.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 10-month period of obligated service be waived so that he may receive
his Selective Reenlistment Bonus (SRB) for 4 years and 9 months as stated
on his reenlistment contract.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was advised by the Military Personnel Flight (MPF) representative that
he would not have any obligated service subtracted from his SRB
entitlement. His reenlistment contract reflects that he is entitled to a
Zone C, Multiple 2.0, SRB based on 4 years and 9 months. However, he only
was paid for 3 years and 11 months.
In support of his request applicant provided a copy of his DD Forms 4/1 and
4/2, Enlistment/Reenlistment Document Armed Forces of the United States; AF
Form 901, Reenlistment Eligibility Annex to DD Form 4; DFAS Form 702,
Military Leave and Earnings Statement; and a personal statement. His
complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 13
Mar 90 and has been progressively promoted to the grade of technical
sergeant, having assumed that grade effective and with a date of rank of
1 Jun 01. He continued to reenlist and serve on active duty, entering his
most recent enlistment on 14 Jun 01, when he reenlisted for a period of 5
years and 9 months. His AF Form 901, reflects that he is entitled to a
Zone C, Multiple 2.0, SRB based on 4 years and 9 months.
_________________________________________________________________
AIR FORCE EVALUATION:
The Assistant Chief, Skills Management Branch, AFPC/DPPAE, reviewed
applicant’s request and recommends denial. DPPAE states that based on his
16th year of service, on 13 Mar 06, minus obligated service of 10 months,
he is only entitled to an SRB for 3 years and 11 months, which he was paid.
In accordance with USC Title 37, he is not entitled to SRB payments past
16 years total active service (see Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Sep
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 and that
his reenlistment contract was erroneously prepared, indicating that he
would be entitled to an SRB based on 4 years and 9 months of continued
service, without the loss of obligated service. In our opinion, he
contracted his reenlistment in the Air Force in good faith and the error in
this case appears to have been made by MPF representatives. We believe
that it would be an injustice for him to suffer the consequences of the
contractual error, over which he had no control. 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, in
order to effect the relief he is seeking, we recommend that his previous
reenlistment be changed 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
a. He was honorably discharged on 15 June 1997, vice 15 April 1998,
and reenlisted in the Regular Air Force on 16 Jun 1997, vice 16 April 1998,
for a period of four (4) years.
b. At the time of his reenlistment in the Regular Air Force on 14
June 2001 for a period of five (5) years and nine (9) months, he was
entitled to a Zone C, Selective Reenlistment Bonus, based on four(4) years
and nine (9) months of continued service.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 6 Nov 01, under the provisions of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Carolyn J. Watkins, Member
Mr. John B. Hennessey, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Aug 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 24 Sep 01.
Exhibit D. Letter, SAF/MIBR, dated 28 Sep 01.
PEGGY E. GORDON
Panel Chair
AFBCMR 01-02290
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:
a. He was honorably discharged on 15 June 1997, vice 15 April 1998,
and reenlisted in the Regular Air Force on 16 Jun 1997, vice 16 April 1998,
for a period of four (4) years.
b. At the time of his reenlistment in the Regular Air Force on 14
June 2001 for a period of five (5) years and nine (9) months, he was
entitled to a Zone C, Selective Reenlistment Bonus, based on four (4) years
and nine (9) months of continued service.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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