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AF | BCMR | CY2004 | BC-2004-02994
Original file (BC-2004-02994.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02994
            INDEX NUMBER:  128.05
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted the Selective Reenlistment Bonus (SRB) for his Air Force
Specialty Code (AFSC), 4N051, Aerospace Medical Service Journeyman.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not given proper notification he had to reenlist  within  three
months of his date of separation (DOS) vice six to qualify for an SRB.

In support of his appeal, applicant provides a statement from  another
individual who experienced the same problem, a statement from a senior
NCO attesting to the poor level of service provided by  their  Orderly
Room, and letters he wrote to his senators and congressman.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 14 Sep 00 for an
initial term of four years and is currently serving in  the  grade  of
senior airman (SrA) (E-4) as a Medical Service Technician, AFSC 4N0X1.
 The applicant’s original DOS was 13 Sep 04.  He reenlisted on  8  Sep
04 for a term of five years and has a current DOS of 7 Oct 09.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of the applicant’s request.  Effective  5
Mar 04, the Air Force reduced the reenlistment window from  12  months
to 3 months prior to a member’s  expiration  term  of  service  (ETS).
Effective 30 Apr 04,  Air  Force  made  changes  to  the  SRB  amounts
authorized for specific career fields.  The military personnel flights
(MPFs) were directed to notify by memorandum each member  affected  by
the changes to the SRB in their AFSC.  When the  Air  Force  completed
and announced the results of the SRB review, the  SRB  authorized  for
the applicant’s career specialty was  deleted.   When  the  Air  Force
announces SRB changes, affected personnel are given at least  30  days
prior to the effective date of  the  changes  to  reenlist.   However,
airmen must be eligible to reenlist to take advantage of the SRB.  The
applicant was not eligible to reenlist before the SRB for  his  career
field was deleted due to the reenlistment window being reduced from 12
months prior to ETS  to  3.   Based  on  this  change,  there  was  no
requirement to notify the applicant since he was  ineligible  for  the
SRB.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air  Force  evaluation,  applicant  points  out
under the original 12-month reenlistment window, he  was  eligible  to
reenlist anytime between 13 Sep 03  and  14  Sep  04  and  if  he  had
reenlisted before 5 Mar 04, he would have been eligible for  the  SRB.
He advises he was on leave during the timeframe the notifications were
to have taken place.  He states he was not notified when  he  returned
from leave or at any other time.  He does not believe  AFPC  fulfilled
their responsibility in handling the notification and ARB matter.

The applicant’s complete response 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.   The  applicant  has  provided
sufficient evidence to raise doubt as  to  whether  he  was  properly
notified and given an opportunity to reenlist in time to  retain  the
SRB for his career specialty.  Although not  conclusive,  we  believe
any doubt should be resolved in the applicant’s  favor.   We  believe
this is supported by any test of  reasonableness,  since  it  appears
illogical the applicant would have knowingly failed to take an action
leading to receipt of his SRB  entitlement.   At  any  rate,  we  are
troubled by the inability of the Air Force to show the applicant  was
properly  notified  and  counseled.   Therefore,  we  recommend   the
applicant’s records be corrected as 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:

        a.  The enlistment contract he executed on 8  September  2004
be declared void.

         b.  He  was  honorably  discharged  on  3  March  2004   and
reenlisted in the Regular Air Force on 4 March 2004, for a period  of
five (5) years and six (6) months, with  entitlement  to  a  Zone  A,
Multiple 2.0, Selective Reenlistment Bonus (SRB).

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2004-
02994 in Executive Session on 2 November 2004, under  the  provisions
of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. James W. Russell, III, Member

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

     Exhibit A.  DD Form 149, dated 7 Sep 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAE, dated 27 Sep 04.
     Exhibit D.  Letter, SAF/MRBR, dated 1 Oct 04.
     Exhibit E.  Letter, Applicant, dated 10 Oct 04.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2004-02994


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:

            a.  The enlistment contract he executed on 8 September
2004 be, and hereby is, declared void.

            b.  He was honorably discharged on 3 March 2004 and
reenlisted in the Regular Air Force on 4 March 2004, for a period of
five (5) years and six (6) months, with entitlement to a Zone A,
Multiple 2.0, Selective Reenlistment Bonus (SRB).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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