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AF | BCMR | CY2005 | BC-2004-02529
Original file (BC-2004-02529.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02529
                                    (Case 2)
            INDEX CODE:  121.00, 128.05,
                              111.02, 107.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  17 FEB 2006


_________________________________________________________________

APPLICANT REQUESTS:

Further relief due to the Board’s approval of his initial  appeal  for
reinstatement to active duty.

1.  Restoration of 30 days of leave.

2.  Award of a Selective Reenlistment Bonus (SRB),  Zone  B,  multiple
1.0, for six years, due to  his  29  November  1997  reinstatement  to
active duty.

3.  Award of the Air Force Longevity Service Award (AFLSA) and the Air
Force Good Conduct Medal (AFGCM).

4.  Copies of his Enlisted Performance Reports  (EPRs),  rendered  for
the periods 23 February 1990 through 22 October  1991  and  23 October
1991 through 29 December 1992.

The applicant’s request to have his record corrected by  inserting  an
Air Force Form 77 (Supplemental Evaluation Sheet), covering the period
30 December 1996 through 9 December 2002,  has  been  administratively
corrected.  Hence, no Board action is required on this portion of  the
applicant’s request.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to the delay in receiving his orders  reinstating  him  to  active
duty, he should  have  the  cited  leave  restored.   When  the  Board
recommended approval to reinstate his reenlistment, his  corresponding
SRB was not authorized.  He is unclear on his entitlement to the cited
decorations for the period of correction.  The EPR copies he  received
during separation were incorrectly photocopied, which leaves doubt  of
their authenticity.

In support of his request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
23 February 1990.  He is currently serving on active duty in the grade
of master sergeant (E-7), with an effective date and date of  rank  of
1 May 2004.

On 28 November 1997, the applicant was  honorably  discharged  in  the
grade of staff sergeant (E-5) under  the  provisions  of  AFI  36-3208
(completion of required active service) and transferred to the PA  Air
National Guard (ANG).  In 1999, he was found disqualified for military
service/enlistment in the PA ANG.

On 20 March 2002, the AFBCMR considered and  recommended  approval  of
applicant's request for reinstatement to active duty.   The  Director,
Air Force Review Boards Agency, directed applicant’s reinstatement  as
indicated on the Directive.   For  an  accounting  of  the  facts  and
circumstances surrounding the applicant’s initial separation, and, the
rationale of the earlier decision by the  Board,  see  the  Record  of
Proceedings and the Directive, Docket Number 99-03348, at Exhibit B.

Special Order AJ-67, dated 21 November 2002, reveals the applicant was
reinstated to active duty in the grade of staff sergeant (E-5) with  a
report not later than date (RNLTD) of 10 December 2002.  His  date  of
enlistment (DOE) was 29 November 1997 for a period of six years, his E-
5 date of rank (DOR) was 1 August 1994  and  his  date  of  separation
(DOS) was 28 November 2003.

On 2 July 2003, the applicant reenlisted in the grade E-5 for a period
of four years.  He had completed a total of 13 years, 4 months and  12
days of active military service at the time of his reenlistment.   The
applicant was promoted to the grade of E-7, with an effective date and
date of rank of 1 May 2004.

Information extracted from applicant’s records reveals he was notified
by HQ AFPC/DPPPR on 5 November 2004  to  contact  his  local  Military
Personnel Flight (MPF) concerning his entitlement  for  award  of  the
AFGCM and AFLSA (refer to Exhibit B).
_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPF recommends the applicant’s request for  leave  restoration
be partially approved.  DPF states the applicant  lost  25.5  days  of
leave at the end of FY00, 30 days of leave at the end of FY01  and  30
days of leave at the end of FY02 for a total of  85.5  days  of  leave
lost.  He never  sold  leave  during  his  military  career.   DFAS-DE
indicated they restored 60 days of leave to the applicant’s pay  file.
DPF recommends 25.5 days of leave be added to the applicant’s pay file
and he be compensated for the additional 50 days of leave  lost.   The
HQ AFPC/DPF evaluation is at Exhibit C.


HQ AFPC/DPPAE recommends  the  applicant’s  request  for  a  Selective
Reenlistment Bonus (SRB) be approved.  DPPAE states that upon the date
of the applicant’s reinstatement, his Air Force Specialty Code  (AFSC)
was authorized a Zone  B,  multiple  1,  SRB.   DPPAE  recommends  the
applicant be authorized an SRB entitlement of Zone  B,  multiple  1.0,
for six years of continued service.  The HQ AFPC/DPPAE  evaluation  is
at Exhibit D.


HQ AFPC/DPPPE states the  applicant’s  request  for  an  AF  Form  77,
covering the period 30 December 1996 through 9 December  2002,  to  be
inserted in his records has already been completed.  The HQ AFPC/DPPPE
evaluation is at Exhibit E.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on  19
November 2004 for review and response.  As of this date,  no  response
has been received by this office (Exhibit F).
_________________________________________________________________

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  some
relief is warranted.  In this respect, we are in  agreement  with  the
opinions and recommendations of the respective Air Force offices  that
the evidence supports award of the  requested  Selective  Reenlistment
Bonus (SRB) and  the  appropriate  leave  listed  below.   As  to  the
requested awards and copies of Enlisted Performance Reports (EPRs), we
note the applicant was notified by HQ AFPC/DPPPR  on  5 November  2004
that his request for award of the AFGCM and AFLSA  could  be  resolved
locally at his local Military  Personnel  Flight  (MPF).   It  is  our
opinion that, since applicant’s local MPF has custody of his  military
records and all updated documents, he should  pursue  his  entitlement
for the cited awards as well as copies of the requested  EPRs  through
their office.  We noted that the portion of the applicant’s request to
insert  an  AF  Form  77  in  his  record  has  been  administratively
corrected; therefore, no Board action is required.   In  view  of  the
foregoing, we recommend the applicant’s records be  corrected  to  the
extent indicated below.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially add to our understanding of the issue(s) involved.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

      a.  Twenty-five and one-half (25.5) days of leave were added  to
his leave account commencing 2 October 2004 and he was  authorized  to
receive cash settlement for sixty (60) days of unused accrued leave.

      b.  At the time of his reenlistment on 29 November 1997, he  was
entitled to a Zone B, Multiple 1.0 Selective Reenlistment Bonus (SRB).
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 April 2005, under the provisions  of  AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Michael V. Barbino, Member
              Mr. Frederick R. Beaman III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2004-02529.

   Exhibit A.  DD Form 149, dated 9 Aug 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPF, dated 17 Sep 04, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 27 Sep 04.
   Exhibit E.  Letter, HQ AFPC/DPPPE, dated 2 Nov 04, w/atchs.
   Exhibit F.  Letter, SAF/MRBR, dated 19 Nov 04.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR BC-2004-02529




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 APPLICANT be corrected to show that:

      a.  Twenty-five and one-half (25.5) days of leave were added to
his leave account commencing 2 October 2004 and he was authorized to
receive cash settlement for sixty (60) days of unused accrued leave.

      b.  At the time of his reenlistment on 29 November 1997, he was
entitled to a Zone B, Multiple 1.0 Selective Reenlistment Bonus (SRB).




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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