RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03397
            INDEX CODE:  128.05

      XXXXXXXXXXXXXX   COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  6 MAY 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a constructive reenlistment effective 30 April  2004,  for
six years and be awarded a Zone A, Multiple 6.0 Selective Reenlistment
Bonus (SRB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not  receive  an  SRB  after  reenlisting,  because  the  rules
changed.  After being approved for retraining, he was briefed that  he
was required to extend his enlistment for 23 months prior to attending
technical training school.  He was also told that after obtaining  his
3-skill level in his new career field he could reenlist and receive an
SRB.  He graduated from technical training school on 7 April 2004, and
after inquiring about reenlisting, was informed the rules had  changed
and he was not eligible to reenlist, because he was not  within  three
months of his date of  separation  (DOS).   He  subsequently  inquired
again and found out the SRB was deleted on 30 April 2004.

In support of his appeal, the applicant provided a personal statement,
Air  Force  Reenlistments  Continuity  Book,  dated  1 June  2004  and
excerpts from AFI 36-2606,  Reenlistment  in  the  United  States  Air
Force.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
29 December 1999, for a term of 4 years.  He currently serves  in  the
grade of senior airman (SRA/E-4).  Upon graduation from basic training
he  attended  technical  school  and  was  trained  in   AFSC   3E051,
Electrical.  On 24 February 2003, he was approved for retraining  into
AFSC 3C051, Communication Computer  Systems  Operator,  with  a  class
start date of 7 January 2004, and a graduation date of 5  April  2004.
He completed training and on 15 October 2004, reenlisted for a  period
of six years.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states  effective  5 March  2004,
the Air Force reduced the reenlistment window  from  12  months  to  3
months prior to a member’s expiration  term  of  service  (ETS).   Air
Staff was emphatic that this policy would  not  be  grandfathered  and
there would be no exceptions to this policy.  Effective 30 April 2004,
Air Force made changes to the  SRB  amounts  authorized  for  specific
career fields.  The military personnel flights (MPF’s)  were  directed
to contact each member affected  by  this  change  via  a  memorandum.
Unfortunately, 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 Air Force announces SRB changes, affected personnel  are  given  at
least 30 days prior to the  effective  date  of  the  SRB  changes  to
reenlist.  IAW AFI 36-2606, Figure 2.1 (first paragraph), in order  to
receive the SRB at the current rate, you must reenlist IF ELIGIBBLE…if
the member is approved for  retraining  he  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  member  reenlists.   When
the Air Staff reduced the reenlistment window from  12  to  3  months,
this member was not eligible to reenlist,  as  he  was  not  within  3
months of his ETS.

In order to be reenlistment eligible and  receive  the  SRB  that  was
being removed, member’s ETS had to be July 2004  or  earlier,  members
ETS was 28 November 2005.  Regretfully, he is not eligible for an  SRB
due to the change in Air Staff policy.

DPPAE’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that after he returned from technical training he
tried to reenlist, but was told by the Reenlistment  Section  that  he
was not eligible.  He was informed that  the  rules  had  changed  for
retrainees, who could no longer reenlist immediately after  graduation
of technical training.  This took affect  5  March  2004,  two  months
after he started training.

The reason it took him so long to reenlist was that he gave up on  the
process because of the information he was provided.  It  wasn’t  until
he did some research out of curiosity that he pursued the SRB again.

In September 2004, he was told that he should reenlist and then submit
a request for correction of his military records.  He believes  he  is
entitled to an SRB.

His complete response, with attachments, is at Exhibit E

_________________________________________________________________

ADDITONAL AIR FORCE EVALUATION:

HQ USAF/JAA reviewed a similar application and  provided  an  advisory
which indicates in accordance with AFI 36-2606,  Reenlistment  in  the
United States Air Force, to be eligible to receive an SRB that was  in
effect as of the date the applicant was approved for  retraining,  the
applicant was required  to  reenlist  within  30  days  of  his  class
graduation date.  However, on 5 March 2004, the Secretary of  the  Air
Force (SAF) changed the policy  to  permit  reenlistment  only  if  an
Airman was within three months of his or her ETS.  The SRB program  is
established by 37 USC 308.  No service member is entitled  to  receipt
of the bonus.  Section 308 states that the Secretary concerned may pay
a bonus to a member of a  uniformed  service  who…is  qualified  in  a
military skill designated as critical by the Secretary of Defense,  or
by the Secretary of Homeland Security with respect to the Coast  Guard
when it is not operating as a service in the Navy…and who reenlists or
voluntarily extends the member’s enlistment for a period of  at  least
three years in a regular component  of  the  service  concerned.   The
statute makes clear that a Service Secretary may establish  rules  and
procedures to implement an SRB program.  The Secretary has  the  legal
authority  to  determine   eligibility   periods   for   reenlistment.
Therefore, they recommend the Board deny the petition.

The complete JAA evaluation is at Exhibit F.

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APPLICANT'S REVIEW ADDITIONAL OF AIR FORCE EVALUATION:

On 4 May 2005, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days (Exhibit G).   As  of
this date, no response has been received by this office.

_________________________________________________________________

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 applicant’s submission, we are
not persuaded  that  the  applicant  should  be  given  the  relief
requested.  Applicant’s contentions are  duly  noted;  however,  we
found no evidence that the applicant was miscounseled  or  that  he
has been treated any differently than  others  who  were  similarly
situated.    Therefore,   we   agree   with   the   opinions    and
recommendations of the Air Force offices of primary  responsibility
and adopt their rationale as the basis for our conclusion that  the
applicant has not been the victim of an error or injustice.  In the
absence of 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 AFBCMR Docket Number BC-
2004-03397 in Executive Session on 29 June 2005, under the  provisions
of AFI 36-2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Ms. Jan Mulligan, Member
                 Ms. Patricia A. Robey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 17 Nov 04.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Nov 04.
    Exhibit E.  Letter, Applicant, dated 7 Jan 05, w/atchs.
    Exhibit F.  Letter, USAF/JAA, dated 21 Apr 05.
    Exhibit G.  Letter, AFBCMR, dated 4 May 05.





                                   GREGORY H. PETKOFF
                                   Panel Chair