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AF | BCMR | CY2002 | 0200948
Original file (0200948.doc) Auto-classification: Approved

                       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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