RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00948
INDEX CODE 128.05
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His original reenlistment contract, authorizing a Zone B, Multiple 2.0
Selective Reenlistment Bonus (SRB) be reinstated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he first received the notification of his pending assignment to
Sheppard Air Force Base to become an Electrical Systems Instructor, he
started to make the necessary arrangements to sell his home in Summerville,
South Carolina.
During the reenlistment process, he was given a Zone B, Multiple 2, SRB in
writing on his reenlistment contract. In his eyes and heart, this document
was binding legally and morally from both sides. The SRB payments would be
render in the time specified by the staff at the Military Personnel Flight
(MPF) at Charleston Air Force Base.
After careful consideration, he realized that he could now afford to keep
his home in Summerville and obtain another residence in Wichita Falls,
Texas. He agreed to a contract, (with a real estate company) leasing his
home in Summerville for two years with the option for a third year. These
considerations also included his wedding date, which was delayed because
the date that was set for the wedding conflicted with his report not later
than date for his permanent change of station (PCS).
He was in the final closing stage of his home in Wichita Falls when he
received the information that the reenlistment office at Sheppard AFB had a
problem with his SRB. He was already locked into the contract for the
house and he could not back out of the agreement without facing legal
actions and/or fees. Meanwhile, he took part of his advance payment
entitlement to help offset the payments until the problems were solved.
However, he is now paying back this advance pay. After believing that his
reenlistment contract would hold more merit than his real estate contract,
he proceeded to honor his real estate contract.
Meanwhile, the delay in payment of his SRB has caused him to incur a
sizable debt, to include depletion of his savings. He and his fiancée had
to reschedule their wedding date several times, to include her arrival to
Wichita Falls.
In the space of six months, he has been involved in at least three
contracts. Two of the contracts, he had signed on the dotted line, made
him morally and legally responsible to uphold his part of the agreement.
The third contract, he signed on the dotted line, he raised his right hand
and took an oath to defend the Constitution. His present financial dilemma
seems like it can spiral into a bigger financial problem for his future and
family.
In support of his request, the applicant submitted personal statements, a
letter from his commander, AF Form 901, Reenlistment Eligibility Annex to
DD Form 4, the DD Form 4, Enlistment/Reenlistment Document and a letter
from the 82 MSS/DPMP.
Applicant's complete submission, with attachments, is an Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of
SSgt (E-5).
The applicant originally reenlisted on 9 August 2001 for five years with a
Zone B, Multiple 2.0 Selective Reenlistment Bonus.
On 17 December 2001, the Military Personnel Flight Commander advised the
applicant that his reenlistment contract was modified to reflect a Zone C,
Multiple 1 SRB with a 6 year reenlistment.
The remaining relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommended the applicant's request for Zone B SRB be denied, as
he is not authorized to receive a Zone B twice. Review of the applicant's
case file indicates his contract is not correct. The MPF reenlisted the
member on 9 August 2001 and stated, that he should be authorized a Zone B
SRB entitlement. AFI 36-2606, Reenlistment in the United States Air Force,
paragraph 2.3.3. and Authority and Reference: Public Law 93-277 Armed
Forces Enlisted Personnel Bonus Revision Act of 1974, as amended (Title 37
U.S.C, Section 308); DoD Military Pay and Allowances Entitlements Manual
(DoDPM); and DoD Directive 1304.21, and DoD Instruction 1304.22, states:
Eligible airmen may receive an SRB in each zone, but only one SRB per zone.
However, we do recommend member's reenlistment date be changed to reflect
22 August 2001, which would allow the applicant to be authorized a Zone C,
Multiple 1.0 SRB. Furthermore, request Defense Finance and Accounting
Service compute the resulting Zone C, Multiple SRB entitlement for 5 years
of continued service.
AFPC/DPPAE complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and stated that the denial of the SRB
will cause irreversible damage to his career, personal stability and
financial security. He has managed his financial matters without reproach.
He even bought a house as a single Senior Airman. Since his SRB has been
denied, he has been living from paycheck to paycheck. Minor repairs to his
car have to wait until they become major problems. In between long pay
periods, his over draft protection is his only option. He has never had
financial problems before.
He has been a proud member of the United States Air Force for over ten
years. The problems he has now are not his fault. These problems are
having an adverse affect on his financial stability and most importantly
his Air Force career.
Applicant's complete response is at Exhibit E.
_________________________________________________________________
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 an error or injustice warranting corrective action. It
appears that the applicant was miscounseled by Military Personnel Flight
(MPF) representatives when he executed his reenlistment contract on 9
August 2001 indicating that he would be entitled to a Zone B, Multiple 2.0,
SRB based on 5 (five) years of continured service. After reviewing the
evidence of record, we believe that the applicant’s record should be
corrected to allow him to receive the SRB as indicated on his contract. In
this respect, we note that the applicant agreed to reenlist in order to
receive the bonus in question. Furthermore, and more importantly,
applicant made career and financial decisions based on receiving the bonus
in question. Based on the above and in an effort to provide the applicant
full and fair relief, we recommend his records be corrected to the extent
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. Any reference of receiving a reenlistment bonus at the time of
his reenlistment on 12 August 1998 be, and hereby is, declared void and any
indebtedness incurred as a result of this change be waived.
b. He reenlisted in the Regular Air Force on 9 August 2001, for a
period of 6 (six) years with entitlement to a Zone B, Multiple 2.0,
Selective Reenlistment Bonus computed for 5 (five) years of continued
service.
_________________________________________________________________
The following members of the Board considered Docket Number 02-00948 in
Executive Session on 27 June 2002, under the provisions of AFI 36-2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Laurence M. Groner, Member
Ms. Kathleen F. Graham, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Feb 02, w/atchs.
Exhibit B. Letter, AFPC/DPPAE, dated 17 Apr 02.
Exhibit C. Letter, SAF/MRBR, dated 10 May 02.
Exhibit D. Letter, Applicant, dated 5 Jun 02.
ALBERT F.LOWAS, JR
Panel Chair
AFBCMR 02-00948
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 that:
a. Any reference of receiving a reenlistment bonus
at the time of his reenlistment on 12 August 1998 be, and hereby is,
declared void and any indebtedness incurred as a result of this change
be waived.
b. He reenlisted in the Regular Air Force on 9 August
2001, for a period of 6 (six) years with entitlement to a Zone B,
Multiple 2.0, Selective Reenlistment Bonus computed for 5 (five) years
of continued service.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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