RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03595
            INDEX CODE:  128.05
            COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: May 25, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  records  be  corrected  to  show   he   reenlisted   into   the   1N531
(intelligence)  Air  Force  Specialty  Code  (AFSC)  instead  of  the  3P071
(security forces) AFSC.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given the ultimatum of getting out  or  reenlisting  into  the  3P071
AFSC instead of his current AFSC,  1N531,  as  dictated  by  the  Air  Force
Personnel Center (AFPC).  Due to mistakes made  by  AFPC  and  miscounseling
from Malmstrom AFB military personnel  flight  (MPF)  personnel  (mislabeled
codes for reenlistment and not updating those codes to indicate the  correct
option that he should have been counseled on), he  was  unable  to  make  an
educated decision.

When he was notified in Sep 04  of  his  approval  to  cross-train,  he  was
counseled on the options of extending compared to reenlisting.  During  this
session, he was informed if he extended he would then be  able  to  reenlist
into the new AFSC (1N531) and get a bonus.   Since  then,  he  has  extended
three times and has been told the same information.  He was advised  in  May
06 that he had a retraining class date and was informed for  a  fourth  time
that he could reenlist upon return from the school.

He refrained from getting out  of  the  military  and  joining  the  Reserve
Officer Training Corp (ROTC) program since he was only two  years  from  his
bachelor’s degree due to the cross-training and reenlistment bonus  offered.


He had to sacrifice four months towards his  personal  educational  goal  of
completing his degree to fulfill the requirements of the Air Force.   During
that time and for the need of the Air Force, he was forced to move away  and
this  caused  stress  to  his  family--all  of  which  he  did,   with   the
understanding that he would  reenlist  in  the  new  intelligence  AFSC  and
receive the bonus with it.

Upon his return from technical training, he  was  informed  his  orders  had
been cancelled.

In  support  of  his  request, the  applicant  provided  copies  of  e-mails
and military personnel data system information.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 3  Feb  99  for  a  period  of  6
years.  His date of separation would have been 2 Feb 05.

He was selected for retraining into the 1NX51 AFSC on 2  Sep  04.   However,
the applicant was required  to  obtain  a  favorable  Top  Secret  clearance
before class could be scheduled.  The clearance was adjudicated  on  13  Dec
05.

On 2 Feb 05, the  applicant requested and  was approved   for   a   12-month
Best Interest of the Air Force (BIAF) extension (provided for the member  to
obtain necessary security clearance).  His additional BIAF  extensions  were
15 Dec 05 and 10 Apr 06.  The extensions totaled  23  months  and  were  the
maximum he could extend by law.  AFI  36-2626,  Airman  Retraining  Program,
attachment 7, states, “First-term airmen  will  extend  their   reenlistment
  23-months  (combined  total  of  all  extensions)  beyond   the   original
expiration of term of service  and  have  at  least  14  months  of  service
retainability remaining  after  graduation/on-the-job  training  (OJT);  and
must obtain retainability or decline retraining within 10 working days.”

Relevant facts are outlined in the Air Force advisory opinion at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  0n 4  May  06,  the  applicant  received  and
acknowledged his Training Allocation Notification RIP (report on  individual
person) for training, starting 7 Jun 06 and graduating on  25  Sep  06.   By
accepting the training, the applicant accepted  the  requirement  to  obtain
the required retainability.

The MPF failed to get  the  member  to  obtain  the  required  retainability
before his departure, but contacted the applicant to complete  retainability
requirements.

The applicant was fully aware that he was required to  obtain  retainability
before  his  class  start  date.   Although  the  applicant’s   career   job
reservation (CJR) information was updated incorrectly, which contributed  to
the MPFs failure to get the member to reenlist in a timely  manner,  it  did
not have any effect on the applicant’s eligibility for  reenlisting  in  the
1N5X1 AFSC and subsequent SRB entitlement.

On 5 Oct 06, the applicant declined to reenlist in  the  3P0X1  AFSC.   AFPC
Reenlistments advised the MPF that the member was not entitled  to  reenlist
as  a  1N5X1  and  must  reenlist  in  the  3P0X1  AFSC  with  no  selective
reenlistment bonus (SRB) entitlement.  The applicant later reenlisted on  18
Oct 06 for a period of 4 years and 2 months in the 3P0X1 AFSC.

The applicant is not eligible to reenlist in the 1N5X1 AFSC and receive  any
SRB money and must correct his reenlistment accordingly.  The  Board  should
declare the 18 Oct 06 reenlistment void and correct the record to show  that
on 12 May 06, the applicant  reenlisted in  the  Regular  Air  Force  for  a
period  of 4 years in the  3P0X1  AFSC,  with  no  entitlement  to  any  SRB
associated with the 1N5X1 AFSC.  This reenlistment places the member in  the
correct reenlistment window as required  and  will  change  the  applicant’s
date of separation to 11 May 2010.  Correcting the reenlistment  to  12  May
06 correctly aligns potential SRB entitlements in the future.   At  no  time
was the applicant eligible to reenlist in the 1N5X1 AFSC  and  eligible  for
any SRB money.  His records must be corrected to show a reenlistment  within
10 working days from receipt of his training RIP and in his current  non-SRB
AFSC.

The complete evaluation of AFPC/DPPAE, with attachments, is at Exhibit C.
_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He  states  he  did  acknowledge  and  sign  for  his  Training   Allocation
Notification RIP for training.  However, the problem is  that  when  he  was
notified and attempted to comply with the directions given to  him,  he  was
miscounseled.  After the initial notification, he went to the  reenlistments
section and explained the situation to an Airman E.  After the  explanation,
he was informed by Airman E that the extension he was currently  on  covered
everything he needed to accept the retraining date.

Within about a day of this conversation with Airman E,  he  spoke  with  the
deployment  monitor,  TSgt  K,  about  procedures  for  going  to  technical
training.  The conversation covered all the requirements  and  needs  before
he left Malmstrom AFB for training.   When  the  question  of  retainability
came up, he explained what Airman E had told him.

After he returned  from  technical  training,  he  was  notified  of  AFPC’s
mistake of inputting the wrong code for  his  situation  and  this  was  the
reason for his miscounseling prior to leaving  and  the  cause  of  problems
with the reenlistment process upon his return.

He has tried to fulfill every obligation the Air Force has asked of  him  in
good faith and asks to have his package reviewed in the same good  faith  he
has tried to put forward.

Additionally, he stated he disagreed with  AFPC’S  recommendation  and  felt
that the recommendation was a cover up for their mistake.  Further,  if  any
dates are changed, it should be changing the dates to his  first  extension.
He also stated had he known and been counseled correctly, he would have  re-
enlisted at that time.  Instead, he took  the  actions  of  extending  after
hearing his options.  The option he  selected  was  to  qualify  for  a  re-
enlistment bonus.

The applicant’s complete response is at Exhibit D.

_________________________________________________________________

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.    The  Board  notes  that  although  the
applicant’s  reenlistment  contract  executed  on   16   Oct   06   reflects
reenlistment in AFSC 3P071, the Military Personnel Data System reflects  his
control AFSC as 1N531, awarded on 22 Sep 06.  As such, we  question  whether
or not the applicant has a legal entitlement to the SRB  by  virtue  of  his
reenlistment on 18 Oct 06.  It appears to the Board that  after  failing  to
reenlist the applicant at the proper time,  prior  to  completing  training,
the Air Force decided to execute  a  reenlistment  contract  with  the  sole
purpose of rendering the applicant ineligible for the  SRB  associated  with
the 1N531 AFSC.  Notwithstanding the sequence of events that  may  have  led
to the reenlistment dilemma, it is clear that 3P071 was not the  applicant’s
control AFSC at the time of his reenlistment.  Although we do not  find  the
applicant totally blameless in this case, we believe that  the  Air  Force’s
actions in this case were in error and rise to the level of an injustice  to
the applicant.  As such we believe that the only reasonable remedy  at  this
point is to correct the record to accurately reflect the applicant’s  actual
control AFSC at the time of reenlistment, which would  entitle  him  to  the
associated SRB.  Therefore, we recommend that  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 at the time of  his  reenlistment
on 18 Oct 06, he reenlisted in the 1N5X1 Air  Force  Specialty  Code  (AFSC)
rather than the 3P051 AFSC, for a period of  four  (4)  years  and  two  (2)
months, with entitlement to a Zone B, Multiple  5.5  Selective  Reenlistment
Bonus (SRB).

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-03595
in Executive Session on 15 March 2007, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Gregory A. Parker, Member
      Ms. Maureen B. Higgins, Member

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

     Exhibit A.  DD Form 149, dated 8 Oct 06.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memo, AFPC/DPPAE, dated 20 Dec 06.
     Exhibit D.  Letter, Applicant, 12 Feb 07.
     Exhibit E.  Letter, SAF/MRBR, dated 12 Jan 07.
     Exhibit F.  E-mail, Applicant, 2 Mar 07.



                                   CHARLENE M. BRADLEY
                                   Panel Chair


AFBCMR BC-2006-03595




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 XXXXXX, be corrected to show that at the time of his
reenlistment on 18 October 2006 he reenlisted in the 1NX51 Air Force
Specialty Code (AFSC) rather than the 3P051 AFSC, for a period of four (4)
years and two (2) months with entitlement to a Zone B, Multiple 5.5
Selective Reenlistment Bonus (SRB).



                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency