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AF | BCMR | CY2005 | BC-2005-01201
Original file (BC-2005-01201.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01201
            INDEX NUMBER:  128.05
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  11 Oct 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Selective Reenlistment Bonus (SRB) be paid based on the full  five
years he reenlisted for on 8 Feb 05 and not be  reduced  by  the  time
remaining on the 23-month extension he entered into on     18  Nov  04
to qualify for cross training.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was promised that the extension he entered into on 18 Nov 04  would
not count as obligated service  upon  his  graduation  from  technical
training provided he reenlisted within 30 days.

AFPC and his Finance office advised him that due to  a  policy  change
released in a message from AFPC/DPP in Feb 05, the time  remaining  on
the 23-month extension counts as obligated service and would  be  used
to offset the amount of SRB he would receive.

The applicant notes that the message said he  would  be  notified  and
given the opportunity to  change  his  reenlistment  to  maximize  his
bonus.  However, he was never notified.  If he had been  notified,  he
would have changed his reenlistment period from  five  to  six  years.
Applicant states that his AF IMT 901 indicates he is to be paid an SRB
based on five years, zero  months.   Any  service  obligation  he  had
should have been subtracted before this form  was  completed  and  the
amount of SRB he is to receive documented in Section III  D  according
to the guidance provided in AFI 36-2606, Figure 3.2.

In  support  of  his  appeal,  applicant  provides   copies   of   his
reenlistment paperwork, a copy of the message implementing the  policy
change, and extracts from AFI 36-2606.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is  serving  on  active  duty  in  the  grade  of  staff
sergeant.  He initially enlisted in the Air Force on 18 Nov 98 for six
years.  In Apr 04, he applied for and was granted a 23-month extension
of his enlistment for the purpose of  cross  training  under  the  Air
Force CAREERS program.  He entered into the extension on  18  Nov  04.
He graduated from technical training in Jan 05.   On  8  Feb  05,  the
applicant reenlisted for a period of five years.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of the applicant’s appeal.   In  Feb  05,
AFPC/DPP released a message on behalf of AFPC/DPL  that  states  First
Term Airmen who extended for CAREERS retraining and who  have  entered
the extension as of their class  graduation  date  cannot  cancel  the
extension and  that  all  remaining  service  will  be  considered  as
obligated service.  No waivers or exceptions  are  granted.   However,
local Military Personnel Flights (MPFs) were also directed to  contact
airmen and give them the opportunity to administratively correct their
contracts to maximize their SRB.

The applicant was previously advised in response  to  a  Congressional
Inquiry to contact his MPF and request his  reenlistment  contract  be
administratively corrected to reflect 4 years  and  20  months,  which
will give him SRB for 4 years instead of 3 years, 3 months.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
29 Apr 05 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Board received a case on another applicant virtually identical  to
this one.  In that case, HQ USAF/JAA issued an evaluation recommending
the applicant be granted relief.

HQ USAF/JAA noted in that case that at the  time  of  the  applicant’s
extension and reenlistment,  Air  Force  policy  was  well  known  and
consistently interpreted.  The applicant reasonably (and  justifiably)
relied upon published Air Force regulations, and the  advice  she  was
given by  her  military  personnel  flight  (MPF).   She  specifically
initialed the  block  on  her  extension  paperwork  noting  that  her
extension would be cancelled upon her reenlistment.   HQ  USAF  opines
that it is “inappropriate” to  penalize  that  applicant,  and  others
similarly situated, by a policy retroactively applied.

The complete redacted copy of the evaluation is at Exhibit E.

_________________________________________________________________

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 circumstances  of
the similar case  received  by  the  Board  and  comparing  it  to  the
applicant’s, we believe the issues of the two  cases  to  be  virtually
identical.  As such, we adopt the rationale put forth in the evaluation
prepared by  HQ  USAF/JAA  and  recommend  the  applicant’s  record  be
corrected as indicated below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

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

        a.  The 23-month extension of his 18 November  1998  enlistment
be declared void.

        b.  On 5  May  2004,  as  an  exception  to  policy,  competent
authority approved a  two-month  extension  of  his  18  November  1998
enlistment.

        c.  He was honorably discharged on 13 January 2005, rather than
7 February 2005 and reenlisted in the Regular Air Force on  14  January
2005, rather than 8 February 2005, for a period of five (5) years, with
entitlement to a Zone B, Multiple  5.5  Selective  Reenlistment  Bonus,
based on five (5) years and zero (0) months of continued service.

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-
01201 in Executive Session on 15 June and 12  August  2005,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Martha A. Maust, Member
      Mr. Wallace F. Beard, Member

All  members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Apr 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAE, dated 21 Apr 05.
     Exhibit D.  Letter, SAF/MRBR, dated 29 Apr 05.
     Exhibit E.  Memorandum, HQ USAF/JAA, dated 4 Aug 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2005-01201




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 XXXXXXX, XXXXXXX, be corrected to show that:

            a.  The 23-month extension of his 18 November 1998
enlistment be, and hereby is, declared void.

              b.  On 5 May 2004, as an exception to policy,
competent authority approved a two-month extension of his 18
November 1998 enlistment.

              c.  He was honorably discharged on 13 January 2005,
rather than 7 February 2005 and reenlisted in the Regular Air Force
on 14 January 2005, rather than 8 February 2005, for a period of
five (5) years, with entitlement to a Zone B, Multiple 5.5
Selective Reenlistment Bonus, based on five (5) years and zero (0)
months of continued service.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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