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AF | BCMR | CY2004 | BC-2004-01822
Original file (BC-2004-01822.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01822

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment date be changed from 30 April 2004 to 29 April  2004,
to allow eligibility of a Zone B, multiple 1.5, Selective Reenlistment
Bonus (SRB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wrongly counseled by his MPF,  who  double-checked  with  AFPC,
that if he reenlisted on 30 April 2004, he would get an SRB.  He found
out from Immigration and Naturalization  Service  (INS)  that  his  US
citizenship was approved on 28 April 2004. He made  arrangements  with
them to travel to Atlanta to be sworn in as a citizen on 30 April 2004
and then return to base to immediately reenlist.  If he had been  told
correctly to reenlist 29 April 2004, he could have  made  arrangements
with INS to swear in a day earlier.

In support of his request, the applicant submits a personal  statement
and a letter of support from the military personnel flight commander.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the  grade  of  staff
sergeant.  His most recent enlistment was on  30  April  2004  in  the
grade of E-5 for a period of five years and two months.

Information extracted from the Personnel  Data  System  (PDS)  reveals
that the applicant held the Duty Air Force Specialty Code  (DAFSC)  of
3N0.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial and stated the applicant’s  reenlistment
was based on being a naturalized citizen with SRB being  dependent  on
having reenlisted within a set window.  With  the  enlistment  outside
the eligibility window, they cannot equitably award the SRB,  as  they
are unable to do the  same  for  others  who  reenlisted  outside  the
window.  SRB eligibility is based on signing an enlistment contract in
an  AFSC  that  offers  an  SRB.   At  the  time  of  enlistment,  the
applicant’s AFSC did not offer an  SRB.   The  governing  SRB  message
stated, “all decreases and deletions will be effective 30 April 2004.

AFPC/DPPAE copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated he enclosed  an
email sent from Capt S__, 347th MSS Military  Personnel  Flight  (MPF)
commander, to Col R__ at AFPC.  He is referencing this email  as  this
is where he first saw TSgt W__’s name listed as the person  SSgt  V__,
347  MSS  spoke  to  about  his  reenlistment   date   and   selection
reenlistment bonus (SRB).  According to the message, it was  SSgt  L__
who confirmed that TSgt W__ had provided the wrong information.

He was in SSgt V__’s office when she called AFPC,  regardless  of  who
she spoke to, and heard her receive confirmation that he would receive
the SRB if he reenlisted on 30 April  2004.   Capt  H___,  347th  MSS,
also, spoke with AFPC on this matter and was told that while they  did
provide the wrong information, they are not willing  to  change  their
position.  He failed to understand why TSgt W__ is claiming she  never
spoke to anybody here when so many individuals have stated that it was
indeed her they spoke to.

Applicant’s complete response, with attachment, 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 error or  injustice.   After  reviewing  the  applicant’s
submission and the evidence of record, we are persuaded that relief is
warranted.  The Board notes that, at the time he had  arranged  to  be
sworn in as a US citizen on 30 April 2004, the Selective  Reenlistment
Bonus (SRB) was in effect  for  the  applicant’s  career  field.   The
applicant was subsequently notified that the SRB was no  longer  being
offered effective      30  April  2004.   We  believe  that,  had  the
applicant  been  properly  counseled   concerning   his   options   of
reenlisting, he would have reenlisted one-day  prior  and  would  have
been  eligible  for  the  reenlistment  bonus.    In   view   of   the
circumstances presented in this case, and in an effort to  remove  any
possibility of an injustice to the applicant, we recommend her 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  he  was  honorably
discharged on 28 April 2004, rather than 29 April 2004 and  reenlisted
in the Regular Air Force on 29 April 2004, rather than 30 April  2004,
for a period of five (5) years and two (2) months, with entitlement to
a Zone B, multiple 1.5, Selective Reenlistment Bonus.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
01822 in Executive Session on 14 September 2004, under the  provisions
of AFI 36-2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Mr. James W. Russell III, Member
                  Mr. John H. Hennessey, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 Jun 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 25 Jun 04.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.
   Exhibit E.  Letter, Applicant, dated 9 Aug 04.




                                   OLGA M. CRERAR
                                   Panel Chair


AFBCMR BC-2004-01822




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 XXXXXXX, XXXXXXX, be corrected to show that  he  was
honorably discharged on 28 April 2004, rather than 29 April  2004  and
reenlisted in the Regular Air Force on 29 April 2004, rather  than  30
April 2004, for a period of five (5) years and two  (2)  months,  with
entitlement to a Zone B, multiple 1.5, Selective Reenlistment Bonus.






   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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