Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-00358
Original file (BC-2003-00358.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00358
            INDEX CODE:  128.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive his Selective Reenlistment Bonus (SRB) payment based on a  period
of 4 years and 11 months as indicated on his reenlistment contract.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His AF Form 901, Reenlistment Eligibility Annex  to  DD  Form  4,  indicates
that he is guaranteed a Zone C SRB  based  on  4  years  and  11  months  of
continued service.  However, he has been counseled that he is only  entitled
to an SRB based on 36 months of continued service.

In support of his request, applicant provided a  copy  of  his  reenlistment
contract.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  14
Jan 92.  He has been progressively promoted to the grade of staff  sergeant,
having assumed that grade effective and with a date of rank  of  1  Mar  99.
On 15 Apr 02, applicant reenlisted for a period of 5  years  and  6  months.
His AF Form 901, Section III, Item D, indicates: "I  understand  I  will  be
paid a Zone C Multiple  1.5  bonus  based  on  4  years  and  11  months  of
continued  service."   However,  Title  37  USC  prohibits  a  member   from
receiving SRB payments for service past the 16th year of service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states  that  his  date  of  separation
prior to reenlistment should have been subtracted  from  his  16-year  point
with the remaining time determining the amount  of  SRB  he  is  authorized.
The Military Personnel Flight can administratively correct his AF  Form  901
and the personnel data system needs to be corrected to  reflect  a  date  of
separation of 14 Oct 07.  The DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  7  Mar
03 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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 injustice.  In this respect, the applicant reenlisted on  15
Apr 02.  It appears that his Zone C SRB was erroneously  calculated  and  it
was annotated on his reenlistment contract that  he  would  be  entitled  to
receive an SRB based on a period of 4 years and 11 months.  However, it  was
later discovered that the statutory rules governing SRB payments beyond  the
16th year of service were inadvertently omitted  when  calculating  his  SRB
entitlement and that he was only entitled to SRB payment based on  a  period
of  36  months.   While  the  miscalculation  of  his  SRB  entitlement   is
unfortunate, it is our opinion that the statute  and  governing  regulations
are clear as to what his SRB entitlement should  be.   Therefore,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility.  Therefore, 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 material error  or  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  BC-2003-
00358 in Executive Session on 3 Jun 03, under  the  provisions  of  AFI  36-
2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. George Franklin, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 28 Feb 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 03.




                                   WAYNE R. GRACIE
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2001 | 0102290

    Original file (0102290.doc) Auto-classification: Approved

    He continued to reenlist and serve on active duty, entering his most recent enlistment on 14 Jun 01, when he reenlisted for a period of 5 years and 9 months. At the time of his reenlistment in the Regular Air Force on 14 June 2001 for a period of five (5) years and nine (9) months, he was entitled to a Zone C, Selective Reenlistment Bonus, based on four(4) years and nine (9) months of continued service. At the time of his reenlistment in the Regular Air Force on 14 June 2001 for a period...

  • AF | BCMR | CY2003 | BC-2003-00796

    Original file (BC-2003-00796.doc) Auto-classification: Denied

    He completed an Air Force (AF) Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force/Air Force Reserve; however, he never received a copy of the updated AF Form 1411. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPAE recommends the application be denied. DPPAE states that when the applicant signed the AF Form 1411, his Air Force Specialty Code (AFSC) was not eligible to receive a Zone C SRB; therefore,...

  • AF | BCMR | CY2008 | BC-2007-03272

    Original file (BC-2007-03272 .doc) Auto-classification: Denied

    He executed his reenlistment 6 February 2006, almost 120 days before the announced effective date of the SRB. Additionally, he is not eligible to execute a six- year reenlistment as it exceeds the authorized term of enlistment authorized by the Air Force. In this regard, the applicant is requesting that he be authorized a Zone A, Multiple 2, SRB as reflected on his 6 February 2006 reenlistment contract.

  • AF | BCMR | CY2008 | BC-2008-00485

    Original file (BC-2008-00485.DOC) Auto-classification: Approved

    However, after meeting the requirements of his contract and submitting his request for the bonus through his Military Personnel Flight (MPF), the Air Force Personnel Center (AFPC) denied his request and would not honor his contract citing that in accordance with Air Force Instruction 36-2606, he was not entitled to receive a bonus even though his contract stated he was. He should receive the SRB indicated in his reenlistment contract even though the Air Force is denying payment due to their...

  • AF | BCMR | CY2003 | 0203473

    Original file (0203473.doc) Auto-classification: Denied

    On 14 April 2000, the applicant, who had an established date of separation (DOS) of 25 April 2000, reenlisted in the Regular Air Force for a period of 4 years, thereby establishing a new DOS of 13 April 2004. The AFPC/DPPAE evaluation is at Exhibit C. __________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded by stating that on his AF Form 1411, Extension of Enlistment in the Regular Air Force, it reflects that he was...

  • AF | BCMR | CY2001 | 0100287

    Original file (0100287.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00287 INDEX CODE: 112.05 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her 10 December 1998 10-month extension to her enlistment be cancelled and, she receive a Zone A Multiple 3.5, Selective Reenlistment Bonus (SRB) payment for five years and three months as stated on her AF Form 901, Reenlistment...

  • AF | BCMR | CY2003 | BC-2003-01297

    Original file (BC-2003-01297.doc) Auto-classification: Denied

    On 24 March 1994, the applicant enlisted in the Air Force for a period of four years. On 13 February 2002, applicant requested that his enlistment of 1 October 1997 for a period of 4 years be extended for a period of 18 months to qualify for retraining. AF Form 901, Reenlistment Eligibility Annex to DD Form 4, indicates that at the time of his enlistment of 8 November 2002, his Selective Reenlistment Bonus was paid in Zone B, with a Multiple 6.5 based on 4 years and 0 months.

  • AF | BCMR | CY2008 | BC-2007-02543

    Original file (BC-2007-02543.doc) Auto-classification: Approved

    The clerk explained she received a Zone B SRB for a previous reenlistment on 21 January 2005, therefore was not eligible to receive an additional Zone B SRB. However, with the 21 January 2005 reenlistment, the applicant had already received a Zone B, multiple 4.5 SRB. ________________________________________________________________ AIR FORCE EVALUATION: DPPAE recommends the applicant’s request for waiver of the second Zone B, Multiple 4.5 be denied but recommends the board declare the 26...

  • AF | BCMR | CY2006 | BC-2005-03802

    Original file (BC-2005-03802.doc) Auto-classification: Approved

    According to AF Form 1411, Extension or Cancellation of Extension of Enlistment in the Regular Air Force, on 17 Mar 04, the applicant extended his 3 May 00 enlistment for 18 months for the purpose of having sufficient retainability for Career Airmen Reenlistment Reservation System (CAREERS) retraining into Air Field Management (AFSC 1C7X1). As pointed out by HQ USAF/JAA, the applicant is “better off” with the existing 17-month extension plus a four-year reenlistment, with a four-year SRB,...

  • AF | BCMR | CY2001 | 0003037

    Original file (0003037.doc) Auto-classification: Approved

    According to DPPAE, a review of the applicant’s case file indicated that the Military Personnel Flight erroneously indicated on the AF Form 901 that he was entitled to a Zone C, Multiple Three (3.0), SRB. Furthermore, we believe that the Military Personnel Flight had the responsibility of providing the applicant with the correct information. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the...