Search Decisions

Decision Text

AF | BCMR | CY2002 | 0200685
Original file (0200685.doc) Auto-classification: Approved

                            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


Similar Decisions

  • AF | BCMR | CY2002 | BC-2002-00685

    Original file (BC-2002-00685.doc) Auto-classification: Approved

    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 BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show...

  • AF | BCMR | CY2002 | BC-2002-01643

    Original file (BC-2002-01643.doc) Auto-classification: Approved

    He reenlisted with an SRB of 2 and while deployed the SRB changed to 3. He was honorably discharged on 17 January 2002 and reenlisted in the Regular Air Force for a period of four (4) years and five (5) months on 18 January 2002; and, at the time of his reenlistment of 18 January 2002, he was entitled to a Zone A, Multiple three (3) Selective Reenlistment Bonus (SRB). He was honorably discharged on 17 January 2002 and reenlisted in the Regular Air Force on 18 January 2002, for a period...

  • AF | BCMR | CY2002 | 0200324

    Original file (0200324.doc) Auto-classification: Approved

    Members of the Board Mr. Lawrence R. Leehy, Mr. James E. Short, and Mr. Charlie E. Williams, Jr., considered this application on 9 May 2002. LAWRENCE R. LEEHY Panel Chair Attachment: Ltr, AFPC/DPPAE, dtd 11 Apr 02 AFBCMR 02-00324 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of...

  • AF | BCMR | CY2002 | 0200632

    Original file (0200632.doc) Auto-classification: Denied

    Due to system problems that are being actively worked on a daily basis, member did not receive his SRB at the time of his reenlistment. Therefore, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ The following members of the Board considered Docket Number 02-00632 Executive Session on 18...

  • AF | BCMR | CY2001 | 0100287

    Original file (0100287.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00287 INDEX CODE: 112.05 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her 10 December 1998 10-month extension to her enlistment be cancelled and, she receive a Zone A Multiple 3.5, Selective Reenlistment Bonus (SRB) payment for five years and three months as stated on her AF Form 901, Reenlistment...

  • AF | BCMR | CY2000 | 9900605

    Original file (9900605.doc) Auto-classification: Approved

    STATEMENT OF FACTS: The Air Force indicated that on 11 Dec 98, the applicant reenlisted in the Regular Air Force for a period of four years and did not receive an SRB. AIR FORCE EVALUATION: The Chief, Skills Management Branch, AFPC/DPPAE, reviewed this application and indicated that at the time of applicant’s reenlistment, neither he nor the Military Personnel Flight (MPF) had any reason to believe his AFSC would get an SRB. After reviewing the applicant’s submission and the evidence of...

  • AF | BCMR | CY1999 | 9900962

    Original file (9900962.doc) Auto-classification: Approved

    A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluation and states that at his reenlistment briefing on 11 January 1999, he signed a document, in good faith, indicating his intent to reenlist, after being briefed that he was to receive a SRB of 1.5. _________________________________________________________________ THE BOARD...

  • AF | BCMR | CY2002 | 0200281

    Original file (0200281.doc) Auto-classification: Approved

    The members of the Board, Messrs. Lawrence R. Leehy, William E. Edwards, and John E. B. Smith, considered this application on 4 April 2002. LAWRENCE R. LEEHY Panel Chair Attachment: Ltrs, AFPC/DPPAE, dtd 4 Mar 02, w/atch AFBCMR 02-00281 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for...

  • AF | BCMR | CY2002 | 0200396

    Original file (0200396.doc) Auto-classification: Approved

    Members of the Board, Mr. Lawrence R. Leehy, Mr. James E. Short and Mr. Charlie E. Williams, Jr., considered this application on 9 May 2002. LAWRENCE R. LEEHY Panel Chair Attachment: Ltr, AFPC/DPPAE, dtd 11 Apr 02, w/atchs AFBCMR 02-00396 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for...

  • AF | BCMR | CY2002 | 0200400

    Original file (0200400.doc) Auto-classification: Approved

    Members of the Board, Mr. Lawrence R. Leehy, Mr. James E. Short, and Mr. Charlie E. Williams, Jr., considered this application on 9 May 2002. LAWRENCE R. LEEHY Panel Chair Attachments: Memorandum, AFPC/DPPAE, dated 8 Apr 02. AFBCMR 02-00400 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for...