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AF | BCMR | CY2002 | 0200714
Original file (0200714.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00714
            INDEX NUMBER:  128.05
      Matthew M. Pinkerton   COUNSEL:  None

      322-68-1674      HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment on 4  Jan  02  be  voided  and  he  be  granted  a
reenlistment date in Mar 02  in  order  to  qualify  for  a  higher
Selective Reenlistment Bonus (SRB).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was not properly briefed by  his  servicing  Military  Personnel
Flight that the SRB in his specialty was scheduled to change from a
multiple of 5.0 to 6.0.

The  applicant’s  complete  submission,  with  attachments,  is  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this case  are  contained  in  the
evaluation prepared by the appropriate  office  of  the  Air  Force
found at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends that the  applicant’s  request  to  void  his
4 Jan 02 reenlistment be approved and replaced with a  constructive
reenlistment effective 18 Jan 02.  They  recommend  denial  of  the
applicant’s request for a March reenlistment date.   The  applicant
is not only requesting to receive more money, but also  to  receive
it in a tax free zone.  Since the applicant reenlisted in  January,
he obviously had not planned to reenlist in March  to  receive  the
tax-free benefit.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 7 Jun 02 and again on 21 Jun 02 for review and comment within 30
days.  To date, a response has not been received.

___________________________________________________________________

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.   We  accept  the  determination  of
AFPC/DPPAE that the applicant should  have  been  advised  of  the  SRB
review.  We also accept their recommendation to change the  applicant’s
reenlistment date to 18 Jan 02.  Since the applicant was  in  the  tax-
free zone when he reenlisted on 4 Jan 02 he is already entitled to tax-
free benefits, contrary to AFPC/DPPAE’s view that he desired to  change
his reenlistment to Mar 02 for that  purpose.   We  find  no  basis  to
change the applicant’s enlistment to Mar 02 since it appears he  wanted
to  reenlist  in  January  2002.   Therefore,  we  recommend  that  the
applicant’s records be corrected as set forth below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that the pertinent
military records of the Department of the Air Force relating to
APPLICANT, be corrected to show that he was honorably discharged on
17 January 2002, rather than 3 January 2002, and reenlisted in the
Regular Air Force on 18 January 2002, rather than 4 January 2002,
for a period of six years, with entitlement to a Zone A, Multiple
6.0, Selective Reenlistment Bonus (SRB).

_______________________________________________________________

The following members of the Board considered Docket Number 02-00714 in
Executive Session on 7 August 2002, under the  provisions  of  AFI  36-
2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. E. David Hoard, Member
      Mr. Clarence D. Long, III, Member

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

     Exhibit A.  DD Form 149, dated 17 Feb 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAE, dated 29 May 02.
     Exhibit D.  Letter, SAF/MIBR, dated 7 Jun 02.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair



AFBCMR 02-00714




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 XXXXXXXXXX, XXX-XX-XXXX, be corrected to show he
was honorably discharged on 17 January 2002, rather than 3 January
2002, and reenlisted in the Regular Air Force on 18 January 2002,
rather than 4 January 2002, for a period of six years, with
entitlement to a Zone A, Multiple 6.0, Selective Reenlistment Bonus
(SRB).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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