RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03744
            INDEX CODE:  128.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a constructive reenlistment effective 1 March 2004  for  4  years
and 13 months and that he be authorized a Zone B,  multiple  2.0,  Selective
Reenlistment Bonus (SRB) for four years.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Upon graduation (retraining program) in February 2004, he was  not  informed
or made aware that he had to reenlist 30 days after  graduation  to  receive
his SRB.  He was also still under his 10 year mark, but was not  aware  that
if he went past 10 years in the military he would be in a  Zone  C  and  not
able to receive a bonus.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  5  April  1994  in  the
grade of airman.  He continued to reenlist contracting his  last  enlistment
on 14 March 2005 in the grade of staff sergeant for a period of  four  years
with a date of separation (DOS) of 13 April 2009.

On 23 May 2003, the applicant was approved for  retraining  into  Air  Force
Specialty Code (AFSC) 3P031A - Security Apprentice and graduated  from  this
class on 20 February 2004.






On 30 September 2003, the applicant requested an extension  of  five  months
to his 15 November 1999 enlistment to qualify for retraining.

On 21 October 2003, the applicant’s request for an  extension  was  approved
giving him a DOS of 14 April 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial indicating  the  applicant  was  approved  for
retraining into AFSC 3P031A on 23 May 2003 and graduated from this class  on
20 February 2004.  IAW AFI 36-2606 (Reenlistment in the  United  States  Air
Force and AFI 36-2606 (Airman Retraining Program,  Attachment  8,  paragraph
A8.7), the applicant had to reenlist within 30 days of the class  graduation
date to receive the SRB which was in effect as of his class  approval  date.
On 5 March 2004, the Air Staff changed policy  and  all  airmen  had  to  be
within three months of their expiration of  term  of  service  (ETS)  to  be
eligible to reenlist.  As the applicant had not reenlisted prior to 4  March
2004, the applicant is not eligible to reenlist until after 15 August  2005.
 In order for the applicant to be eligible to receive a Zone B SRB,  he  had
to reenlist prior to reaching his 10-year point.   The  applicant’s  10-year
point was 4 April 2004.  As the applicant had  not  reenlisted  prior  to  5
March 2004 when the Air Staff policy changed, he was therefore not  eligible
to reenlist prior to 4 April 2004 and receive a Zone B SRB.   The  applicant
is responsible for being aware of his  own  career  progression.   He  would
have been told upon approval for retraining that he had to  reenlist  within
30 days and he should have been aware when he was  eligible  for  a  Zone  B
SRB.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 December 2004, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________








REVISED AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial indicating  the  applicant  was  approved  for
retraining into AFSC 3P031A on 23 May 2003 and graduated from this class  on
20 February 2004.  IAW AFI 36-2606 (Reenlistment in the  United  States  Air
Force) and AFI 36-2606 (Airman Retraining Program, attachment  8,  paragraph
A8.7), the applicant had to reenlist within 30 days of the class  graduation
date (20 March 2004) to receive the SRB which was in effect as of his  class
approval date.

On 5 March 2004, the Air Staff changed policy  and  all  airmen  had  to  be
within three months of their  ETS  to  be  eligible  to  reenlist.   As  the
applicant had not reenlisted prior to 4 March 2004, the  applicant  was  not
eligible to reenlist until January 2005.

In order for the applicant to be eligible to receive a Zone B  SRB,  he  had
to reenlist prior to reaching his 10-year point.   The  applicant’s  10-year
point was 4 April 2004.  As the applicant had  not  reenlisted  prior  to  5
March 2004 when the Air Staff policy changed, he was therefore not  eligible
to reenlist prior to 4 April 2004 and receive a Zone B SRB.

The applicant is responsible for being aware of his own career  progression.
 He would have been told  upon  approval  for  retraining  that  he  had  to
reenlist within 30 days and he should have been aware when he  was  eligible
for a Zone B SRB.

The evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 February 2005, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

ADDITIONAL 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 evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 27 April 2005, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within 30 days (Exhibit H).   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 an error or an  injustice.   The  applicant’s  contentions  are
duly noted; however, we are not  persuaded  the  applicant  is  entitled  to
receive the bonus in question.  While the applicant may  be  the  victim  of
unfortunate timing, it does not appear that an error or injustice  occurred,
and it does not appear that he is being treated differently  than  similarly
situated  individuals.   Therefore,  we  agree   with   the   comments   and
recommendation of the Office of Primary Responsibility (OPR).   In  view  of
the above determination, we  do  not  recommend  favorable  action  on  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-
03744 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 30 November 2004, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 14 December 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 17 December 2004.
   Exhibit E.  Letter, AFPC/DPPAE, dated 11 February 2005.
   Exhibit F.  Letter, AFBCMR, dated 15 February 2005.
   Exhibit G.  Letter, USAF/JAA, dated 21 April 2005.
   Exhibit H.  Letter, AFBCMR, dated 27 April 2005.




                       GREGORY H. PETKOFF
                       Panel Chair