RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00685
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
__________________________________________________________________
APPLICANT REQUESTS THAT:
His current enlistment contract be changed to 1 May 2002 for a period of
six (6) years instead of three (3) years and at the time of his
reenlistment he was entitled to a Zone B, Multiple .5, Selective
Reenlistment Bonus (SRB).
__________________________________________________________________
APPLICANT CONTENDS THAT:
In mid-December he made arrangements to reenlist prior to his TDY departure
date of 12 January 2002. Because of the close proximity of his Date of
Separation (DOS) of June 2002 and his school graduation date, he was forced
to reenlist six months prior to DOS. On 3 January 2002, his TDY was
postponed and on 7 January 2002 he notified his Military Personnel Flight
to postpone his reenlistment date. His MPF required a 2-week notice;
therefore, they were unable to accommodate his request. A two-day notice
is ample time to reschedule an appointment. If he had known of the pending
SRB changes, he would have changed the term of his reenlistment.
In support of his application, he provides a personal statement and an
indorsement from his commander. His complete submission, with attachments,
is at Exhibit A.
__________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates the
applicant’s Total Active Federal Military Service Date as 2 December 1992.
He is currently serving on active duty in the grade of staff sergeant, with
an effective date of rank of 1 February 2000.
On 9 January 2002, the applicant, who had an established date of separation
(DOS) of 4 June 2002, reenlisted in the Regular Air Force for a period of 3
years, thereby establishing a new DOS of 8 January 2005.
__________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommends the applicant’s stated request be denied but that the
applicant be afforded partial relief. DPPAE states that the MPF should
have advised the applicant of the SRB review. However, DPPAE states, that
the reenlistment contract should be voided and replaced with a constructive
reenlistment effective 18 January 2002 for 6 years and not as applicant
requested since they cannot authorize future reenlistment dates. Therefore,
they recommend he be granted a constructive reenlistment, effective
18 January 2002 for a period of 6 years with entitlement to a zone B,
multiple .5, SRB (See Exhibit C).
__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 7 June
2002 for review and response. 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 error or injustice. After a thorough review of the evidence
presented, it appears that the applicant did not receive adequate
information by Military Personnel Flight (MPF) representatives regarding
the ramifications to his future Selective Reenlistment Bonus (SRB)
entitlements imposed by a reenlistment. The applicant states, and we
believe, that if he had known of the pending Selective Reenlistment Bonus
change, he would have changed the terms of his reenlistment. In view of
the foregoing, we believe any doubt in this matter should be resolved in
his favor. However, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt their rationale as the
basis for our conclusion that we do not believe favorable consideration of
the applicant’s request for reenlistment on 1 May 2002 is appropriate.
Specifically, other than his own assertions, the applicant has provided no
persuasive evidence indicating that his circumstances favored deferring his
enlistment until the date he has requested. We therefore find that by
correcting his records in the following manner, he will be afforded proper
and fitting relief. 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:
a. He was not honorably discharged on 8 January 2002, and his 9
January 2002 enlistment in the Regular Air Force for a period of three (3)
years, be declared void.
b. He was honorably discharged on 17 January 2002 and reenlisted in
the Regular Air Force on 18 January 2002, for a period of six (6) years;
and at the time of his reenlistment on 18 January 2002, he was entitled to
a Zone B, Multiple 0.5, Selective Reenlistment Bonus.
__________________________________________________________________
The following members of the Board considered this application in Executive
Session on 21 August 2002, under the provisions of AFI 36-2603:
Mr. Lawrence R. Leehy, Panel Chair
Mr. Mike Novel, Member
Ms. Marilyn Thomas, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 February 2002.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 31 May 2002.
Exhibit D. Letter, SAF/MRBR, dated 7 June 2002.
LAWRENCE R. LEEHY
Panel Chair
AFBCMR 02-00685
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 , be corrected to show that:
a. He was not honorably discharged on 8 January 2002 and his 9
January 2002 enlistment in the Regular Air Force for a period of three (3)
years, be, and hereby is, declared void.
b. He was honorably discharged on 17 January 2002 and
reenlisted in the Regular Air Force on 18 January 2002, for a period of six
(6) years; and at the time of his reenlistment on 18 January 2002, he was
entitled to a Zone B, Multiple 0.5, Selective Reenlistment Bonus (SRB).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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