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AF | BCMR | CY2005 | BC-2005-01484
Original file (BC-2005-01484.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01484
                                       INDEX CODE:  128.05
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 November 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force Form 3008 Supplemental to Enlistment Agreement contract for  a
Prior Service Reenlistment Bonus (PSRB) of $7,000  be  honored  by  the  Air
Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have received  a  $7,000  PSRB  because  his  enlistment  contract
states if he enlisted as a 1 skill-level, then he would be entitled  to  the
bonus.  He enlisted in the career 1A311 (1  skill-level)  and  went  through
all the appropriate schools.

In support of his application, the applicant submits a copy of  Annex  B  to
his DD Form 4, Supplemental to Enlistment  Agreement  –  United  States  Air
Force;  a  classification/on-the-job  training  action;  and   documentation
pertaining  to  his  awarded   skill-levels.    The   applicant’s   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 January 2002, the applicant contracted his initial enlistment  in  the
Regular Air Force at the age of 24 in the grade of senior airman  (E-4)  for
a period of six years.  He enlisted in  the  AFSC  1A311,  Airborne  Systems
Communications Apprentice.  The applicant had previously  served  on  active
duty from 13 November 1995 through 12 November 1999 in the Marine Corp.   He
was progressively promoted to the grade of staff  sergeant  (E-5)  effective
and with a date of  rank  of  1  September  2003.   His  projected  date  of
separation is 30 January 2008.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAES recommends denial.  DPPAE states the PSRB program is offered  to
members who  have  separated  from  a  sister  service  with  an  Air  Force
Specialty Code  (AFSC)  conversion  for  specific  career  fields  where  no
technical training is involved. Their assessment  back  to  active  duty  is
based on the guidelines for the Prior Service Bonus  Program  set  forth  in
AETC Instruction 36-2002, Paragraph 2.26.  The applicant is  not  authorized
PSRB due to the fact he attended various technical schools  at  the  expense
of the Air Force.  The  AFPC/DPPAES  evaluation,  with  attachments,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  17
June 2005, 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record, we are persuaded that the  applicant  entered  into  his
initial enlistment contract with the  Air  Force  in  good  faith  with  the
understanding he was entitled to a PSRB in the amount of  $7,000.   We  note
the PSRB entitlement paragraph on the applicant’s AF Form  3008,  Supplement
to Enlistment Agreement – United States Air Force, is signed  and  dated  by
the applicant and the bottom of the form is signed and  dated  by  both  the
applicant and an Air Force representative.  It appears an error occurred  in
this case and while  we  note  the  rationale  provided  by  the  Air  Force
advisory opinion, it is  our  opinion  that  the  applicant  should  not  be
penalized because of this error.  Given the totality  of  the  circumstances
of this case  we  believe  fairness  dictates  the  applicant’s  records  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 he was in  a  temporary  duty  status
for a  sufficient  period  of  time  to  receive  basic  pay  to  equate  to
$7,000.00.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 18 October 2005, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Mr. Richard K. Hartley, Member
            Ms. Renee M. Collier, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2005-01484 was considered:

     Exhibit A.  DD Form 149, dated 19 Apr 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAES, dated 31 May 05.
     Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 05.




                                  CHARLENE M. BRADLEY
                                  Panel Chair


AFBCMR BC-2005-01484




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 XXXXXXXXXXXXXXXXXXXX, be corrected to show that he was in a
temporary duty status for a sufficient period of time to receive basic pay
to equate to $7,000.00.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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