RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03802
INDEX CODE: 128.05
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 17 Jun 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 18-month extension be cancelled, his reenlistment be backdated to
2 Oct 04, and he be paid a Selective Reenlistment Bonus (SRB), Zone A,
Multiple 4, for six years as shown on his AF Form 901, Reenlistment
Eligibility Annex to DD Form 4.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been authorized an SRB when he reenlisted on 19 Nov 04.
The Military Personnel Flight (MPF) directed him to reenlist for six
years to hold retainability for cross-training and the contract was
later destroyed. After arriving at his next duty station, he was told
that he had to amend his contract from six years to four years.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force for a period of four
years on 3 May 00, giving him a date of separation (DOS) of 2 May 04.
The applicant acknowledged that he had been counseled on the six-year
enlistment bonus option but declined the option. His Air Force
Specialty Code (AFSC) was 2A531, Aerospace Maintenance
Apprentice/Journeyman.
On 20 Jan 04, the applicant received formal notice of approved
voluntary retraining into the 1C011 AFSC, Airfield Management
Specialty. On 22 Jan 04, the applicant accepted retraining and
acknowledged his understanding that he either had to extend or
reenlist to meet retainability requirements.
According to AF Form 1411, Extension or Cancellation of Extension of
Enlistment in the Regular Air Force, on 17 Mar 04, the applicant
extended his 3 May 00 enlistment for 18 months for the purpose of
having sufficient retainability for Career Airmen Reenlistment
Reservation System (CAREERS) retraining into Air Field Management
(AFSC 1C7X1). The Form also indicated he had previously extended this
enlistment for five months for a DOS of 2 Oct 04. This extension was
unrelated to a CAREERS enlistment extension. The applicant’s new
career field (1C7X1) was an SRB career field. However, in order to
qualify for the SRB, the applicant first had to complete the technical
training and obtain his 3-skill level. [Note: If the applicant had
reenlisted instead of extending at this point, he would be reenlisting
in his old AFSC, which was not entitled to a bonus.] This second
extension of his enlistment extended his DOS to 2 Apr 06.
While in technical school, the applicant was advised that his AFSC
1C7X1 SRB would be terminated effective 24 Mar 05. According to the
applicant’s Transaction Reporting and Control (TRAC) Briefing (Exhibit
A), if a member’s AFSC is announced for SRB termination or reduction,
reenlistment must be accomplished before the effective date of
termination or reduction in order to qualify for the higher SRB
multiple.
The applicant entered the extension period on 2 Oct 04. He completed
the Air Field Management Specialty Course on 29 Oct 04, and was
awarded his 3-skill level.
On 19 Nov 04, he reenlisted within the required 30 days after
completing technical school to receive the bonus multiple authorized,
for a period of six years, according to DD Form 4,
Enlistment/Reenlistment Document. The AF Form 901, Reenlistment
Eligibility Annex to DD Form 4, dated 18 Nov 04, reflected the
applicant’s entitlement to a Zone A, Multiple 4, SRB based on six
years of continued service.
On 18 Feb 05, as a result of an audit of the applicant’s enlistment
records, AFPC determined that his reenlistment contract had to be
changed from 6 years to 4 years and 17 months because of the obligated
service commitment from his previous contract.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAE advises the applicant’s Air Force Specialty was
authorized a Zone A SRB effective 30 Mar 04, and later removed on
24 Mar 05. The MPF allowed the applicant to reenlist for six years,
but due to the fact he had entered his extension on 2 Oct 04 and
reenlisted on 19 Nov 04, he should have enlisted for a period of 4
years and 17 months with an SRB payment for four years. The
applicant’s request should be partially approved by changing his
19 Nov 04 enlistment contract’s term of enlistment (TOE) from 6 years
to 4 years and 17 months. They recommend the Defense Finance &
Accounting Service (DFAS) compute an authorized Zone A, Multiple 4,
SRB entitlement for the 19 Nov 04 enlistment for four years.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 30 Dec 05 for review and comment within 30 days (Exhibit
D). As of this date, this office has received no response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
Pursuant to the AFBCMR Staff’s request, HQ USAF/JAA provided
additional review regarding the circumstances of this case and its
comparison to another extension/SRB case (M--) previously considered.
HQ USAF/JAA advises that because this applicant was not in an SRB
career field prior to his cross-training, he would not benefit from
the rule in the M-- case that an extension entered into solely for the
purposes of cross-training could be cancelled upon completion of the
cross training. M-- could have reenlisted in her original career
field and been entitled to a bonus; if this applicant reenlisted in
his original career field he would not have received one. The only
way the applicant could receive a bonus was to enter into an extension
for cross-training, earn his 3-skill level, and then [emphasis
advisory’s] reenlist, which is exactly what he did. There is no error
or injustice with respect to this portion of the applicant’s request
and JAA recommends he not receive any relief for this portion of his
application. As for his request to cancel his six-year reenlistment
and substitute it with a four-year reenlistment, this would result in
the cancellation of his SRB because, on 2 Oct 04 (the date to which
his reenlistment would be “corrected”), he was not eligible for an
SRB. Instead, the applicant is “better off” with the existing 17-
month (18 months less one month (Oct 04) served) plus a four-year
reenlistment (including a four-year SRB) than he would be with a six-
year enlistment and no SRB. Looked at another way, the applicant is
currently receiving a 48-month SRB for 65 months total service. If
his extension is cancelled and his six-year reenlistment reinstated,
he will serve 72 months with no corresponding SRB. In the M-- case,
she was denied the benefit of her bargain; the Air Force changed the
rules retroactively to her detriment. In this case, the applicant was
not misadvised and no rules were changed after the fact (although the
applicant was misadvised concerning his ability to reenlist for six
years vice four years, JAA does not believe this constitutes error or
injustice). Therefore, for the reasons stated above, denial is
recommended.
A complete copy of the additional advisory is at Exhibit E.
_______________________________________________________________
APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:
A complete copy of the additional evaluation was forwarded to the
applicant on 3 Apr 06 for review and comment within 30 days (Exhibit
F). 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 error or injustice to warrant partial relief as
recommended by the Air Force. If the applicant had reenlisted when he
needed retainability for CAREERS retraining instead of extending, he
would have reenlisted in his old AFSC, which was not entitled to a
bonus. The only way the applicant could receive a bonus was to enter
into an extension for cross-training, earn his 3-skill level, and then
reenlist, which is exactly what he did. The MPF allowed the applicant
to reenlist for six years, but due to the fact that he had entered his
extension on 2 Oct 04 and reenlisted on 19 Nov 04, he should have
enlisted for a period of 4 years and 17 months with an SRB payment for
four years. As pointed out by HQ USAF/JAA, the applicant is “better
off” with the existing 17-month extension plus a four-year
reenlistment, with a four-year SRB, than he would be with a six-year
reenlistment and no SRB. Based on the above and HQ AFPC/DPPAE’s
recommendation for partial relief, we recommend 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, on 19 November 2004,
he enlisted for a period of four (4) years and seventeen (17) months,
rather than six (6) years, with entitlement to a Zone A, Multiple 4,
Selective Reenlistment Bonus.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 23 May 2006 under the provisions of AFI 36-2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Jay H. Jordan, Member
Ms. Josephine L. Davis, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR Docket Number BC-
2005-03802 was considered:
Exhibit A. DD Form 149, dated 18 Sep 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 19 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 30 Dec 05.
Exhibit E. Letter, HQ USAF/JAA, dated 22 Mar 06.
Exhibit F. Letter, AFBCMR, dated 3 Apr 06.
CATHLYNN B. SPARKS
Panel Chair
AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB, MD 20762-7002
SRA XXXXXXX
XXXXXXXive
XXXXXXX, FL 32566
Dear Airman Larson
Your application to the Air Force Board for Correction of
Military Records, AFBCMR Docket Number BC-2005-03802, has been
finalized.
The Board determined that the military records should be
corrected as set forth in the attached copy of a Memorandum for the
Chief of Staff United States Air Force. The office responsible for
making the correction will inform you when your records have been
changed.
After correction, the records will be reviewed to determine if
you are entitled to any monetary benefits as a result of the
correction of records. This determination is made by the Defense
Finance and Accounting Service (DFAS-DE), Denver, Colorado, and
involves the assembly and careful checking of finance records. It may
also be necessary for the DFAS-DE to communicate directly with you to
obtain additional information to ensure the proper settlement of your
claim. Because of the number and complexity of claims workload, you
should expect some delay. We assure you, however, that every effort
will be made to conclude this matter at the earliest practical date.
Sincerely
DONNA PITTENGER
Technical Advisor
Air Force Board for Correction
of Military Records
Attachments:
1. Record of Proceedings
2. Copy of Directive
3. Survey
cc:
DFAS-DE
AFBCMR BC-2005-03802
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, on
19 November 2004, he enlisted for a period of four (4) years and
seventeen (17) months, rather than six (6) years, with entitlement to
a Zone A, Multiple 4, Selective Reenlistment Bonus.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AIR FORCE BOARD FOR CORRECTION
OF MILITARY RECORDS
CASE TRANSMITTAL / COORDINATION RECORD
IN THE MATTER OF: DOCKET NO:
XXXXXXX, XXXXXXX BC-2005-03802
ROUTE IN TURN INITIALS DATE
1. TECH ADVISOR ________ _________
(Coord/Signature)
2. EXECUTIVE DIRECTOR ________ _________
(Coordination)
3 *MS. C. B. SPARKS, SAF/AG ________ __________
(email cathy.sparks@pentagon.af.mil)
PANEL CHAIR
(Signature on Proceedings)
4. SAF/MRB (Approval) ________ _________
5. EXAMINER
6. AFBCMR (Processing)
DIANE E. HANKEY 6 Jun 06
EXAMINER
AIR FORCE BOARD FOR CORRECTION
OF MILITARY RECORDS
AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB, MD 20762-7002
MEMORANDUM FOR HQ USAF/JAA
SUBJECT: SRA XXXXXXX, XXXXXXX
Subject applicant, a first term airman (FTA), enlisted for four
years on 3 May 00, giving him a DOS of 2 May 04. The applicant was
approved for CAREERS training for AFSC 1C7X1 (Air Field Management
Specialty), which originally had an SRB effective 30 Mar 04. He
extended for retainability on 17 Mar 04 for 18 months, but while in
technical school, he was advised that the SRB would be terminated
effective 24 Mar 05. He entered the extension period on 2 Oct 04 and
completed his retraining on 29 Oct 04. He reenlisted on 18 Nov 04 for
six years with entitlement to a Zone A, Multiple 4, SRB based on six
years of continued service, according to his AF IMT 901 (Annex to DD
Form 4). However, on 18 Feb 05, he was advised that his TOE had to be
changed to four years and 17 months because of his obligated service
commitment.
The applicant requests that his contract be changed back to a
six year TOE with an SRB for that period (Atch 1). HQ AFPC/DPPAE
provided an advisory (Atch 2). Also attached are Emails from DPPAE in
response to my various inquiries (Atch 3). DPPAE cites Title 10, USC,
Section 505, and AFPC/DPDXIA message, dated 14 Mar 05, Update 1, CJR
Program and Full Enlistment Program Clarification.
On 4 Aug 05, your office provided an advisory on another
applicant who made a similar request. A copy of that case, with your
evaluation, is provided at Atch 4. While SRA Larson does not make the
same arguments, his CAREERS retraining, reenlistment, and SRB issues
occurred in the same time frame as the earlier appeal. Also, unlike
the previous applicant, SRA Larson did not initial paragraph 2 of
Section IX on AF Form 1411 (Extension or Cancellation of Extension of
Enlistment).
Request your review and comments as to whether your 4 Aug 05
advisory opinion has any relevance on SRA Larson’s appeal, and whether
the relief recommended in DPPAE’s advisory is appropriate. Also, if
the Board were to grant SRA Larson’s request, please advise whether,
contrary to DPPAE’s assertion, corrective action could be accomplished
in the same way that it was for the earlier applicant.
DIANE E. HANKEY
AFBCMR Examiner
Attachments:
1. Larson DD Form 149
2. HQ AFPC/DPPAE Advisory
3. Emails & Cited Info
4. HQ USAF/JAA 4 Aug 05 Advisory, w/Previous Case
AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB, MD 20762-7002
SRA XXXXXXX
XXXXXXXive
XXXXXXX, FL 32566
Dear Airman Larson
The attached additional advisory opinion is provided for your
review and comment. This is not the decision of the AFBCMR on your
application (AFBCMR Docket No. BC-2005-03802).
You have 30 days from the date of this letter to comment on the
advisory opinion or provide additional evidence in support of your
request to the AFBCMR. If you need more time to comment, you must ask
that your case be temporarily withdrawn until such time as you are able
to proceed. If you have nothing further to add, a response is not
necessary. All further correspondence should be sent to our address
indicated above.
Please include your social security number and your AFBCMR Docket
Number on all correspondence.
Sincerely
D. E. HANKEY
Examiner
Air Force Board for
Correction
of Military Records
Attachment:
HQ USAF/JAA Advisory Opinion, dated 3/27/06
w/Sanitized 8/04/05 HQ USAF/JAA Advisory
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DATE: 23 MAY 06
________________________
MEMBERS PRESENT:
SPARKS Panel Chairman
_________________________________________
JORDAN Member CODE:
_________________________________________ _________
DAVIS Member CASE NO.: 1
_________________________________________ _________
TYPE OF MEETING: FORMAL EXEC SESSION X
______ _____
EXAMINER: DIANE HANKEY _________________________
APPLICANT: XXXXXXX SSAN: XXXXXXX
__________________________ ______________
DOCKET NUMBER: BC-2005-03802
______________________
DECISION OF THE BOARD:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
RATIONALE:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_____________________________
EXAMINER
AF | BCMR | CY2005 | BC-2005-01201
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...
AF | BCMR | CY2005 | BC-2004-03397
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). 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...
AF | BCMR | CY2005 | BC-2005-01813
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01813 INDEX CODE: 128.05, 112.05 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 11 Dec 06 _________________________________________________________________ APPLICANT REQUESTS THAT: Her Selective Reenlistment Bonus (SRB) be paid based on the full four years she reenlisted for on 23 Dec 04 and not be reduced by the time remaining on the 23-month extension she was...
AF | BCMR | CY2005 | BC-2004-03558
He was not notified of the change in policy of his SRB, and was miscounseled concerning whether or not he was eligible to reenlist immediately after school. In accordance with the governing instruction, AFI 36-2606, (Reenlistment in the United States Air Force) applicant had to reenlist within 30 days of class graduation date to receive the SRB that was in effect as of the date he was approved for retraining (31 July 2003). Applicant was not eligible to reenlist and receive an SRB...
AF | BCMR | CY2007 | BC-2006-02693
_________________________________________________________________ STATEMENT OF FACTS: According to AFI 36-2606, paragraph 2.8., to be eligible for a Zone C SRB, airmen must complete at least 10 but no more than 14 years of total active federal military service (TAFMS) (including current enlistment and periods of active duty) on the date of reenlistment or beginning an extension of enlistment; reenlist or extend their enlistments (in one increment) in the Regular Air Force (RegAF) for at...
AF | BCMR | CY2005 | BC-2005-01199
AFI 36-2626, Airman Retraining Program, Attachment 8, SRB Provisions for Retraining, requires the enlistee to acknowledge understanding that if he retrains from a non-SRB skill to an SRB skill or vice-versa, he would not receive an SRB if he reenlists to obtain the retraining retainability, and if he remains eligible to reenlist, he is entitled to the SRB multiple level in effect when final approval is received. _________________________________________________________________ AIR FORCE...
AF | BCMR | CY2005 | BC-2004-03744
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. IAW AFI 36-2606 (Reenlistment in the...
AF | BCMR | CY2005 | BC-2004-02331
His reenlistment contract shows he was eligible to receive a Zone A, Multiple 4 SRB based on 4 years of service. However, based on the evidence of record, the Board majority is not persuaded that the applicant has been a victim of an error or injustice. _________________________________________________________________ THE BOARD RECOMMENDS THAT: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.
AF | BCMR | CY2005 | BC-2005-00609
DPPAE states the applicant is not eligible to receive the SRB that was in effect when he was approved for retraining because he did not reenlist within 30 days of the notice of termination of the SRB for that career field. DPPAE’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he never received official notification of the requirement to reenlist within 30 days of...
AF | BCMR | CY2003 | BC-2002-00628
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00628 INDEX CODE: 128.05 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be granted the Selective Reenlistment Bonus (SRB) in his new career field (3E0X2) rather than the SRB from his previous career field (3E5X1). _________________________________________________________________ APPLICANT CONTENDS...