RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03159
            INDEX CODE 128.05
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted a constructive reenlistment effective 16 Apr 04 for  six
years with entitlement to a Zone B Selective Reenlistment Bonus (SRB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

If he was able to remain eligible to reenlist, then he is entitled  to
the SRB multiple level in effect when he received final  approval.   A
policy was released while he was in  technical  training  school  that
made him ineligible to reenlist because he  had  to  be  within  three
months of his expiration of term of service (ETS).   The  policy  that
made  him  ineligible  to  reenlist  was  rescinded  30   days   after
graduation.  Further, if the Air Force terminated or reduced  the  SRB
before his 3-skill level  is  awarded,  he  must  reenlist  within  30
calendar days after he is awarded the 3-skill level and enter  upgrade
training for the next higher skill level.  He was not given the option
to reenlist and was deprived of the bonus that other  people  are  now
being allowed to have.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular  Air  Force  in  the
grade staff sergeant with a date of rank (DOR) of 1 Dec 03.

He enlisted on 14  Aug  97  for  six  years,  giving  him  a  date  of
separation (DOS) of 13 Aug 03.  On 2 Jul  01,  he  extended,  for  the
first time, his term of enlistment for 1 month, giving him  a  DOS  of
13 Sep 03.  On 6 Mar 03, he was notified of  his  approved  retraining
and, as required for retainability, he extended his enlistment for the
second time on 11 Mar 03, for 20 months. This gave him a  new  DOS  of
13 May 05.

According to HQ AFPC/DPPAE (Exhibit C), effective 5 Mar  04,  the  Air
Force reduced the reenlistment window from 12 months to  three  months
prior to a member’s ETS.  No exception to policy  or  “grandfathering”
was provided.  On 30 Apr 04, the Air Force made  changes  to  the  SRB
amounts authorized for specific career fields.  The Military Personnel
Flights (MPFs) were directed to contact each member affected  by  this
change via a memorandum.  When the Air Force completed  and  announced
the result of the recent  SRB  review,  the  authorized  SRB  for  the
applicant’s career field was deleted.

As the Air Force announces SRB changes, affected personnel  are  given
at least 30 days prior to the effective date of  the  SRB  changes  to
reenlist.  In accordance with AFI 36-3206, Figure 2.1.,  in  order  to
receive the SRB at  the  current  rate,  a  member  must  reenlist  if
eligible.  If the member is approved for retraining, the  member  must
reenlist within 30 calendar days after award  of  the  3-skill  level.
However, airmen must be reenlistment eligible to take advantage of the
SRB.  Eligibility is based on the policies in effect at the  time  the
member reenlists.  When the Air Force reduced the reenlistment  window
from 12 to 3 months, the applicant was not eligible to reenlist as  he
was not within 3 months of his ETS.

_________________________________________________________________

AIR FORCE EVALUATION:

[Note:  HQ AFPC/DPPAE’s facts in their  advisory  regarding  the  one-
month  extension  (in  Jul   01)   are   incorrect,   based   on   the
enlistment/extension documents in the applicant’s  record.   This  was
the applicant’s first, not second, extension.  Further, his ETS was 13
May 05, not 13 Apr 05 as indicated in their last paragraph.]

The HQ AFPC/DPPAE contends in order to be  reenlistment  eligible  and
receive the SRB that was being removed, the applicant’s ETS had to  be
Jul 04 or earlier.  His ETS was 13 Apr [sic] 05.  The applicant is not
eligible for an SRB due to the change in Air Staff policy.  Therefore,
his request should be disapproved.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 29 Oct 04 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 error or injustice.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded a constructive reenlistment is warranted.   The  applicant’s
belief that his circumstances are unfair is understandable, and we  do
not dispute that rule changes can, and often do,  have  a  significant
impact on any given individual.  Nevertheless, policy effective  dates
are utilized and instrumental in many processes, and no system  is  or
will be perfectly fair to everyone.  Most of us  at  some  point  will
experience the advantage or disadvantage of being on one side  or  the
other of an effective date.  In  this  case,  the  applicant  has  not
demonstrated he was treated  any  differently  than  others  similarly
situated under the policies in effect at the time.  We therefore agree
with the recommendations of the Air  Force  and  adopt  the  rationale
expressed as the basis for our decision that  the  applicant  has  not
sustained his  burden  of  having  suffered  either  an  error  or  an
injustice.  In view of the above and absent persuasive evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought.

_________________________________________________________________

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  this  application  in
Executive Session on 25 January 2005 under the provisions of  AFI  36-
2603:

                 Ms. Peggy E. Gordon, Panel Chair
                 Ms. Renee M. Collier, Member
                 Mr. Patrick C. Daugherty, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-03159 was considered:

   Exhibit A.  DD Form 149, dated 1 Oct 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 22 Oct 04.
   Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 04.





                                   RENEE M. COLLIER
                                   Acting Panel Chair