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AF | BCMR | CY2002 | BC-2002-01643
Original file (BC-2002-01643.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01643
            INDEX CODE:  112.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His current enlistment contract be canceled so  that  he  can  reenlist  and
receive a full Selective Reenlistment Bonus (SRB).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was briefed that he needed to reenlist before  his  AEF  deployment.   He
reenlisted while he was out-processing for his TDY.  He  was  never  briefed
on  the  upcoming  SRB  changes.   He  would  have   extended   instead   of
reenlisting.  He reenlisted with an SRB of 2  and  while  deployed  the  SRB
changed to 3.  The change of SRB from 2 to 3  caused  him  to  lose  several
thousand dollars.

In support of  his  application,  he  provides  a  copy  of  his  enlistment
contract.  The applicant’s  complete  submission,  with  attachment,  is  at
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty  in  the  grade  of  staff
sergeant (E-5), having been promoted to that grade with  an  effective  date
and date of rank of 1 July 2002.  Information extracted from  the  Personnel
Data  System  (PDS)  reveals  that  the  applicant  contracted  his  initial
enlistment in the Regular Air Force on 22 April  1998  for  a  period  of  4
years and 5 months, thereby establishing a date of separation  of  21  April
2002.  On 21 November 2001, the applicant  reenlisted  in  the  Regular  Air
Force for a period of 4 years and, at the time of his reenlistment,  he  was
entitled to a Zone A, Multiple 2 Selective Reenlistment Bonus (SRB).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied.  DPPAE states  that  on  17
January 2002, HQ USAF released the new SRB list and announced that  affected
personnel should be briefed.  DPPAE states that the window to  get  the  SRB
recomputed was if the applicant reenlisted between 2  January  2002  and  16
January 2002.  The DPPAE evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded  by  stating  that  he  was  directed  by  his  squadron
mobility personnel to reenlist early  in  order  to  have  retainability  in
order to deploy.  If it would not have been for  the  deployment,  applicant
states that he would  without  a  doubt  have  waited  until  17 January  to
enlist; which would have still been 3  months  before  his  4-year  mark  to
reenlist.  Applicant feels that  it  is  unfair  that  due  to  a  mandatory
deployment he should be denied a higher SRB.

The applicant’s submission is at Exhibit D.

________________________________________________________________

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.   Although  the   applicant   has   not
substantiated that he was miscounseled by his  MPF,  there  are  factors  in
mitigation in this  case  which  reach  to  the  injustice  aspects  of  our
recommending authority.  In this respect, we note  that  early  reenlistment
is detrimental  to  the  applicant  in  that  obligated  service  negatively
impacts on his SRB payment; that since he was a first term airman, he  could
have reenlisted long before being selected for deployment had he desired  to
do so; that the fact that he did not reenlist until selected for  deployment
is an indication that he intended to reenlist upon  expiration  of  term  of
service in April 2002; and that had he not been selected for deployment,  he
would have been counseled concerning the increase  in  SRB  multiple  on  17
January 2002, long before his expiration of term of  service.   In  view  of
the foregoing and since he clearly  did  not  have  to  reenlist  to  obtain
retainability for the  deployment,  the  benefit  of  any  doubt  should  be
resolved in his favor by granting his stated request.

________________________________________________________________

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  20  November  2001,  and  his  21
November 2001 enlistment in the Regular Air Force for a period of  four  (4)
years and five (5) months, be declared void.

      b.  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).

________________________________________________________________

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 5 June 2002.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 17 June 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 21 June 2002.
     Exhibit E.  Letter, Applicant, undated.





                                   LAWRENCE R. LEEHY
                                   Panel Chair

AFBCMR 02-00408










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 toxxxxxxxxxxxxxxxxxxxxx, be corrected to show that:

            a.  He was not honorably discharged on 20 November 2001 and his
21 November 2001 enlistment in the Regular Air Force for a period of four
(4) years and five (5) months, 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
four (4) years and five (5) months; and at the time of his reenlistment on
18 January 2002, he was entitled to a Zone A, Multiple three (3) Selective
Reenlistment Bonus (SRB).






                   JOE G. LINEBERGER

                   Director

                   Air Force Review Boards Agency

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