RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00390
                       INDEX CODE:  100.06
                       COUNSEL:  NONE
                       HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

He be authorized a Zone B, Selective Reenlistment Bonus (SRB).

______________________________________________________________

APPLICANT CONTENDS THAT:

He was wrongfully advised and counseled regarding his SRB eligibility.
 He reenlisted in March 2007 while in Zone A instead of May  2007,  in
Zone B based on the guidance.

In support of his appeal, applicant submitted a  copies  of  documents
extracted from his military personnel records.

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

______________________________________________________________

STATEMENT OF FACTS:

Applicant is  currently  serving  on  active  duty  in  the  grade  of
technical sergeant.

He enlisted in the Air Force on 15 May 01 for a period of four  years.
His date of separation (DOS) was established as 14 May 05.  On 12  Jul
04, he reenlisted for 4 years and 10 months, which established  an  11
May 09 DOS.   In  February  2007  he  was  approved  for  an  In-Place
Consecutive Overseas Tour (IPCOT) and a Date Eligible for Return  from
Overseas (DEROS) of 6 Dec 10.  On 1 Mar 07, he reenlisted for 3  years
and 26 months, to meet the retainability requirements.   His  contract
indicated entitlement to a Zone A, Multiple 5 SRB.  On 15  Oct  07,  a
request was submitted for cancellation of his 1  Mar  07  reenlistment
due to miscounseling.  AFPC/DPSOAE disapproved the request.

______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends the applicant's request be  denied.   AFPC/DPSOA
states his IPCOT was approved on 7 Feb 07 and his previous DEROS was 6
Dec  07.   Based  on  this  information   coupled   along   with   his
retainability window requirement, he was never going to meet the  Zone
B, SRB eligibility requirements.  His Zone B  SRB  eligibility  window
far exceeded his requirement to get retainability  to  remain  in  the
overseas  area.   The  applicable   instructions   prescribe   minimum
retainability for permanent change of station (PCS) to ensure the  Air
Force receives repayment for the cost associated with  PCS,  training,
or other actions, to provide mission continuity at the  gaining  unit,
to provide stability to members and their families after  PCS,  or  to
satisfy other Air Force requirements.  The  instruction  provides  for
airmen  to  request  a  delay  in  obtaining  PCS   retainability   as
authorized.  However, a delay may be granted only up to the  point  in
time when an airman desires to use PCS entitlements.  Airmen  approved
for IPCOT must obtain retainability  requirement  not  later  than  15
calendar days before that airman departs on PCS or enters an IPCOT, or
the  last  day  of  SRB  eligibility,  whichever  is   earlier.    The
instruction further states the SRB is a  monetary  incentive  paid  to
enlisted members to attract reenlistment into,  and  retraining  into,
critical military skills.  The Air Force uses  three  distinct  Zones.
Zone A is for reenlistments occurring between 21 months and 6 years of
service; Zone B is for reenlistment between 6 and 10 years of service;
and Zone C is for reenlistments between 10 and 14  years  of  service.
Additionally eligible airmen may receive an SRB in each Zone, but only
one SRB per Zone.  Based on his Total Active Federal Military  Service
Date (TAFMSD) of 15 May 01 and the fact he is currently receiving Zone
A, SRB entitlement, his is not  eligible  for  another  SRB  until  he
enters Zone B.  He must have completed at least 6 years but  not  more
than 10 years of duty on the date of reenlisting to  be  eligible  for
Zone B.  He entered Zone B on 16 May 07.

AFPC/DPSOA complete evaluation, with attachment, is at Exhibit D.

______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
11 Apr 08, for review and response within 30 days.  As of  this  date,
no response has been received by this office.

______________________________________________________________

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  corrective  action.   The
applicant  alleges  he  was   not   adequately   counseled   regarding
retainability.  We believe he has established reasonable doubt  as  to
whether or not he was properly counseled, and it is  our  belief  that
any doubt in this matter should be resolved in his favor.  In view  of
the above, we recommend his records be corrected to show  he  did  not
elect reenlistment on 1 Mar 07, but instead executed an  extension  of
his current enlistment.  It appears that  had  he  been  provided  the
proper guidance, this election would  have  been  the  only  available
course of action enabling him to meet the  retainability  requirements
in a timely manner and resulting in his eligibility for the SRB he  is
seeking.  Accordingly,  we  recommend  his  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:

      a.  He was not discharged on 28 February 2007 for the purpose of
immediate reenlistment in the Regular Air Force.

      b.  His reenlistment in the Regular Air Force on  1  March  2007
be, declared void.

      c.  On 1 March 2007, he executed an extension  of  his  12  July
2004 enlistment for a period of 48 months with entitlement to  a  Zone
B,  Multiple  5,  Selective  Reenlistment  Bonus  for  four  years  of
continued service upon entering the extension on 12 May 2009.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2008-00390 in Executive Session on 17 Jun 08, under the provisions  of
AFI 36-2603:

                       Mr. Jay H. Jordan, Panel Chair
                       Mr. Grover L. Dunn, Member
                       Ms. Barbara J. Barger, Member

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

      Exhibit A. DD Form 149, not dated, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSOA, dated 26 Feb 08.
      Exhibit D. Letter, SAF/MRBR, dated 11 Apr 08.




                             JAY H. JORDAN
                             Panel Chair





AFBCMR BC-2008-00390



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       , be corrected to show corrected to show that:

            a.   He was not discharged on  28  February  2007  for  the
purpose of immediate reenlistment in the Regular Air Force.

            b.   His reenlistment in the Regular Air Force on  1  March
2007 be, and hereby is, declared void.

            c.   On 1 March 2007, he executed an extension  of  his  12
July 2004 enlistment for a period of 48 months with  entitlement  to  a
Zone B, Multiple 5, Selective Reenlistment  Bonus  for  four  years  of
continued service upon entering the extension on 12 May 2009.




                                        JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency