RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02693
            INDEX CODE: 128.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 Mar 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be afforded a retroactive reenlistment effective 6 Apr 06, one day  prior
to his 14th anniversary, for a period of 3 years and 10 months,  making  him
eligible for a Zone C Selective Reenlistment Bonus (SRB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Had he known he could have reenlisted 26 months prior to his  Date  Eligible
for Return from Overseas (DEROS)  of  5 Jun  08,  he  would  have.   He  was
counseled he could reenlist up to 90 days prior to entering  his  extension.
Based on the information given, if he wanted to reenlist prior  to  entering
his extension there would be no SRB consideration.  He  was  told  he  would
not qualify for an SRB  because  his  14th  anniversary  was  on  8 Apr  06,
clearly outside the 90-day window to  reenlist.   However,  he  subsequently
was advised that  the  90-day  window  of  reenlistment  did  not  apply  to
individuals stationed overseas and that he would have been eligible  for  an
SRB had he reenlisted prior to his 14th anniversary.  He  was  counseled  on
his  reenlistment/extension  options  as  they  applied  to  his   stateside
assignment in NM; however, he was not counseled on how those  options  would
change with his pending overseas assignment.  Upon his arrival  at  Ramstein
AB, Germany, guidance was not provided  on  overseas  reenlistment  options,
resulting in his missing a Zone  C  SRB  entitlement.   Contrary  to  AFPC’s
guidance, Rules 6, 8, and 9 of Table  3.8.  of  AFI  36-2606  do  not  apply
because he had not extended his overseas tour, he was not within a  15-month
window of his established DEROS,  and  he  had  not  elected  an  indefinite
DEROS.  His continued efforts  to  seek  written  guidance  on  reenlistment
criteria were elevated to the Superintendent, 435 MSS, who stated that  Rule
5 of Table 3.8 applied to his case.  This  conflicted  with  AFPC  guidance,
causing further confusion.  On 21 Jul 06, the Superintendent stated  he  was
eligible  to  reenlist  because  he  needed  retainability  for  any  future
assignment, stateside or overseas.  He estimates the  bonus  for  his  1C1X1
Air Force Specialty Code (AFSC) would have been almost $55,000.

In support of his request,  applicant  provided  a  personal  statement,  an
exception to policy request dated 9 Jun 06, emails, excerpts  from  AFI  36-
2606, and  a  virtual  military  personnel  flight  (MPF)  document  showing
reenlistment eligibility status.  The applicant’s complete submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

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 least three years if  the  reenlistment  or
extension will permit completion of at least 14 years’ TAFMS; and  must  not
have previously received a Zone C SRB.

The applicant enlisted in the RegAF for six years on 8 Apr 92, giving him  a
date of separation (DOS) of 7 Apr 98.

On 1 Oct 96, he extended that enlistment for 10 months for an overseas  tour
and giving him a new DOS of 7 Feb 99.

On 15 Jun 98, the applicant reenlisted  for  a  period  of  four  years  for
approved retraining.

The applicant reenlisted on 6 Jul 01 for a period  of  6  years,  qualifying
him for a Zone B SRB (between 6 and 10 years of service).   He  was  paid  a
Zone B SRB for 5 years and 1 month.  His DOS was established as 5 Jul 07.

On 6 Feb 04, while assigned to Cannon AFB,  NM,  he  requested  an  11-month
extension of his 6 Jul 01 enlistment for a  follow-on  permanent  change  of
station (PCS) assignment from Osan AB, South Korea to Ramstein AB,  Germany.
His request was approved on 9 Feb 04.  This gave him a new DOS of 5 Jun  08.
 On 5 Jun 05,  he  reported  to  his  current  assignment  at  Ramstein  AB,
Germany.

On 9 Jun 06, the applicant requested an ETP, which  his  commander  endorsed
but which, according HQ AFPC/DPPAE, HQ AFPC denied.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends denial.  The applicant does not  meet  any  of  the
conditions under Table 3.8 and Rules that permit him to  reenlist  prior  to
his  14th  year  of  TAFMS.   He   has   no   assignment/TDY   retainability
requirement, no command-sponsorship retainability  requirement,  and  he  is
not within 15 months before an established DEROS or DOS.  Therefore,  at  no
time would the applicant be eligible to reenlist prior to his 14th  year  of
TAFMS to obtain a Zone C SRB.  The applicant’s request for an  exception  to
policy for payment of the SRB outside the 14 years of TAFMS  was  denied  by
HQ AFPC  because  criteria  (years  of  service)  for  payment  of  SRBs  is
established by law.  The email  traffic  from  the  435  MSS  on  22 Jun  06
clearly stated that AFI 36-2606, Table 3.8., Rules 6 or 8-9  would  have  to
apply.  The  applicant’s  six-year  reenlistment  on  6 Jul  01  placed  him
outside the parameters for payment of a Zone C SRB.

The complete DPPAE evaluation, with attachments, 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 3 Nov 06 for review and comment within 30 days (Exhibit D).  As  of  this
date, this office has received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ USAF/JAA recommends denial. JAA notes  HQ  AFPC  denied  the  applicant’s
exception to policy request based on statutory  authority  (Title  37,  USC,
Section 308).  Although Congress amended Section 308  (Public  Law  109-163)
to allow for reenlistment/extensions  for  members  with  no  more  than  20
years, that change has not been implemented by the Secretary of Defense.  At
the time of the applicant’s 11-month extension on 6 Feb  04,  the  applicant
had about 12 years of TAFMS, with about three more years  remaining  on  his
6 Jul 01 reenlistment.  In  accordance  with  (IAW)  Department  of  Defense
Instruction (DODI) 1304.29, paragraph E.1.3.3.1.3.4, a member  may  not  use
the  period  of  any  existing  contractual  service  agreement  to   attain
eligibility, and IAW AFI 36-2606, paragraph 2.3.3.,  a  member  may  receive
only  one  SRB  per  zone.   The  combination  of  the  applicant’s   6-year
reenlistment and TAFMS rendered him ineligible for a Zone  C  SRB.   He  did
not suffer an inequity or injustice regarding his eligibility for a  Zone  C
SRB,  nor  does  the  record  suggest  he  is  entitled  to  a   retroactive
reenlistment date of 6 Apr 06.

A complete copy of the additional evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant provides the original chain of emails between himself and  the
MPF.  The MPF repeatedly indicated he  could  reenlist  at  any  time  while
overseas as long as he did not have more than three years retainability  and
he did not carry more than six years obligated service  after  reenlistment.
The counseling he received conflicted with the answer from AFPC.   Based  on
the counseling  he  received  from  the  Ramstein  AB  MPF,  he  would  have
reenlisted prior to his fourteenth year had he known he was eligible.

The applicant’s complete response, with attachment, is at Exhibit G.

_________________________________________________________________

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 injustice warranting partial correction of  the  applicant's
records.  The applicant is contending essentially that had he been  properly
advised he could have reenlisted while serving in Zone C and  been  entitled
to a Zone C reenlistment bonus.  After a thorough review of the evidence  of
record  and  the  applicant's  submission,  it  is  our  opinion  that  some
corrective action is warranted.  The  applicant  is  contending  essentially
that the rules regarding eligibility to reenlist do  not  apply  to  members
assigned overseas  and  under  AFI36-2606,  Table  3.8.,  Rule  5,  "To  get
retainability for PCS, PCA, or TDY assignment," he should have been  allowed
to reenlist  at  any  time.   We  do  not  agree  with  his  interpretation.
Admittedly,  guidance  contained  in  the  various  Air  Force  instructions
pertaining to the  options  available  to  individuals  in  the  applicant's
situation are convoluted and somewhat  ambiguous.   Nevertheless,  we  agree
with the opinion of the Air Force office of primary responsibility  that  it
appears that contrary to his assertion, during the time period  in  question
he did not meet any of the requirements outlined in Table 3.8., which  would
have allowed him to reenlist.  However, we  note  that  on  6  Feb  04,  the
applicant executed an extension of his 6 Jul 01 enlistment  contract  for  a
period of 11 months.  He will enter into that extension  on  6  Jul  07,  at
which time he will be in Zone C.  In accordance  with  the  instruction,  he
could have extended his enlistment for a period  of  36  months.   Doing  so
would have entitled him to receive a Zone C SRB that was in  effect  on  the
date the extension contract was  completed,  upon  entering  the  extension.
This SRB entitlement would have been authorized through 7 Apr 08,  the  date
he reaches 16 years of service.  It is our  opinion  that  in  view  of  the
above, in order to resolve  what  may  be  perceived  as  an  injustice,  we
believe it would be in the best interest of the applicant and the Air  Force
to correct his records to show he extended his enlistment for  a  period  of
36 months entitling him to a Zone C SRB.

_________________________________________________________________


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 6 February 2004,  he  executed  an
extension of his 6 July 2001 enlistment contract for a period of 36  months,
rather than 11 months.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
02693 in Executive Session on 8 Feb 07, under  the  provisions  of  AFI  36-
2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Ms. Teri G. Spoutz, Member
      Mr. Charlie E. Williams, Jr., Member

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

    Exhibit A.  DD Form 149, dated 21 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 15 Sep 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Nov 06.
    Exhibit E  Letter, USAF/JAA, dated 30 Nov 06.
    Exhibit F  Letter, SAF/MRBR, dated 11 Dec 06.
    Exhibit G  Letter, Applicant, dated, 8 Jan 07, w/atchs.




                             KATHY L. BOOCKHOLDT
                                             Panel Chair

AFBCMR BC-2006-02693




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 APPLICANT, be corrected to show that on 6 February 2004, he
executed an extension of his 6 July 2001 enlistment contract for a period
of 36 months, rather than 11 months.






   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency