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AF | BCMR | CY2001 | 0102290
Original file (0102290.doc) Auto-classification: Approved

                            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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