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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