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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