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AF | BCMR | CY2006 | BC-2005-03802
Original file (BC-2005-03802.doc) Auto-classification: Approved



                            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

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