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
AF | BCMR | CY2002 | BC-2002-00685
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