RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02258
INDEX CODE: 128.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be given a constructive reenlistment to qualify for a higher
Selective Reenlistment Bonus (SRB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Military Personnel Flight (MPF) failed to provide counseling
regarding a pending SRB change. On 6 December 2001 he reenlisted and
did not know of a reenlistment bonus effective January 2002.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s initial enlistment in the Regular Air Force was on 12
November 1992.
The applicant contracted his last enlistment on 6 December 2001 for a
period of four (4) years in the grade of staff sergeant.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommended denial. They indicated that the applicant
contends the Military Personnel Flight (MPF) failed to provide
counseling regarding a pending SRB change. The applicant reenlisted 6
December 2001 for 4 years and 4 months. On 17 January 2002, HQ USAF
released a new SRB list and announced that affected personnel should
be briefed. The window to get the SRB recomputed was if member
reenlisted between 2 and 16 January 2002.
The SRB review had not been announced as of the date the member
reenlisted and therefore the MPF was not able to brief this member it
had changed.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 August 2002, a copy of the evaluation was forwarded to the
applicant for review and response within thirty (30) days. As of this
date, no response has been received by this office.
_________________________________________________________________
ADDITIONAL EVALUATION:
AFPC/DPPAE reviewed this case a second time due to the applicant’s
contentions and they recommended denial. They indicated that if a
member is eligible to extend, they are never “forced” to reenlist.
This is a choice the member must make on their own. All deployed
locations have some type of PERSCO personnel to assist members with
personnel issues. The PERSCO member may not be co-located with each
member, but each deployed member is assigned to a PERSCO team who is
responsible for all actions relating to the member. Therefore, either
the PERSCO team or his home location should have been able to help
member reenlist. Lastly, all members who are deploying must have
enough retainability at the time of deployment to cover the length of
deployment as well as 30 additional days. Member would not have been
eligible to “wait for STOP LOSS” as he didn’t have the required
retainability for the deployment. The SRB review had not been
announced as of the date member reenlisted and therefore the Military
Personnel Flight (MPF) was not able to brief this member it had
changed.
The evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:
On 15 November 2002, a copy of the evaluation was forwarded to the
applicant for review and response within thirty (30) days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an injustice warranting a constructive
reenlistment to qualify for a Selective Reenlistment Bonus (SRB). The
applicant’s numerous contentions regarding his December 2001
reenlistment and the failure of his Military Personnel Flight (MPF) to
properly counsel him regarding a possible bonus are duly noted.
However, we note that the contested SRB list was released on 17
January 2002 and the applicant reenlisted on 6 December 2001.
Therefore, at the time he reenlisted, his MPF would not have been
aware of the provisions of the pending SRB and thus were unable to
counsel him regarding an SRB. We note that the applicant apparently
deployed in December 2001 and accordingly, he was required to have
sufficient retainability to cover the deployment plus an additional 30
days. It appears that based upon his enlistment of 8 February 1996
for a period of six years, he could have extended this enlistment to
cover the deployment requirements since he had previously extended
this enlistment only for a period of two months; however, it appears
that he chose to reenlist rather than extend. He provided no evidence
that his MPF miscounseled him regarding his options of reenlisting
versus extending. It appears that the applicant made his decision to
reenlist based upon his belief that deployed locations do not have
personnel who are capable of reenlisting individuals; however, we note
the Air Force indicates that all deployed locations have individuals
assigned who deal with personnel issues. The applicant has not
provided documentary evidence that he was miscounseled that his
deployed location would not have such personnel. We, therefore, agree
with the opinion and recommendation of the Air Force and adopt their
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. In view of the foregoing
and in the absence of evidence to the contrary, we find no compelling
basis to recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an error or an injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number 02-
02258 in Executive Session on 17 December 2002, under the provisions
of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. Charlie E. Williams, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 July 2002, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 16 August 2002.
Exhibit D. Letter, SAF/MRBR, dated 30 August 2002.
Exhibit E. Letter, AFPC/DPPAE, dated 12 November 2002.
Exhibit F. Letter, SAF/MRBR, dated 15 November 2002.
PEGGY GORDON
Panel Chair
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