RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-00485
                                       INDEX CODE:  128.05
      XXXXXXXXXXXXXXXXXXXXX             COUNSEL: NONE

                                             HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid his Selective Reenlistment Bonus (SRB) according to  his  written
contract.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his reenlistment and subsequent  retraining  into  Air  Force
Specialty  Code  (AFSC)  1N335A  (Arabic  Linguist),   he   was   told   his
reenlistment  bonus  would  be  paid  upon  his  successful  completion   of
technical school and  his  arrival  at  his  next  permanent  duty  station.
However, after meeting the requirements of his contract and  submitting  his
request for the bonus through his Military Personnel Flight (MPF),  the  Air
Force Personnel Center (AFPC) denied his request and  would  not  honor  his
contract citing that in accordance with Air Force  Instruction  36-2606,  he
was not entitled to receive a bonus even though his contract stated he  was.
 He should receive the SRB  indicated  in  his  reenlistment  contract  even
though the Air Force is denying payment due to their  administrative  error.
He has fulfilled every bit of his  part  of  the  contract  by  working  and
serving his country for every day of that contract.  Had he  known  the  Air
Force was not going to uphold their part of the contract, he would not  have
reenlisted for the additional  six  years  required.   If  his  contract  is
deemed invalid, not only will he lose the over  $50,000  promised,  he  will
also be ineligible for a Zone A SRB upon his next reenlistment, which  means
he will lose even more bonus money.

In support of his appeal, the applicant submits a  personal  statement,  and
copies of the electronic notification of his ineligibility for the SRB,  and
his reenlistment contract.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the Military Personnel Data System, the applicant is  currently
serving on active duty in the grade of staff sergeant (E-5) with a  date  of
rank of 1 August 2006.  He has a Total Active Federal Military Service  Date
of 2 January 2002 and a projected Date of Separation of 26 July 2011.

On 27 December 2005, he reenlisted for a period  of  five  years  and  seven
months.   At  the  time  of  his  reenlistment,  he  held  the  AFSC   1N255
(Cryptologic Linguist).  His Air Force  IMT  901,  Reenlistment  Eligibility
Annex to DD Form 4, indicates he  was  approved  for  retraining  into  AFSC
1N315A and that he would be paid a Zone A, Multiple 5 bonus  based  on  five
years and 7 months of continued service.

Upon completion of technical school and arrival at his next  permanent  duty
station, the applicant applied for his SRB through his  MPF.   According  to
an  electronic  transmission  dated  9  January  2008,   AFPC   denied   the
applicant’s SRB citing he was not entitled at the time of his  reenlistment.
 AFPC stated in the message that even though  the  AFSC  the  applicant  was
retraining into (1N3X5A) was on the 23 April  2005  SRB  listing,  the  AFSC
(1N251) he held at the time he reenlisted was not.  Therefore, in order  for
him to qualify for the bonus, he would have to have held the 1N3X5A AFSC  at
the time he reenlisted.

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AIR FORCE EVALUATION:

AFPC/DPSOA  recommends  the  applicant’s   request   be   denied;   however,
recommends  the  Board  direct  the  applicant’s  AF   IMT   901   form   be
administratively   corrected.    DPSOA   states   the   contract   was    an
administrative error and must be corrected.  The applicant reenlisted  while
in the 1N2X1 AFSC which, at the time, was not on the SRB  listing.   He  has
not received any payment and has not been negatively affected by the  error;
therefore,  it  should  be  corrected.   Integrity  clearly   mandates   the
applicant acknowledge the error as it is.

The DPSOA evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The basis for his request is not only the fact he  was  instructed  that  he
was eligible  for  the  retraining  SRB,  it  is  also  the  fact  that  his
reenlistment contract clearly states that he would be receiving an SRB.   He
signed  the  contract  as  did  the  MPF  representative  and  the   section
commander.  The contract took two weeks to complete  and  was  confirmed  by
the MPF  and  his  squadron  commander.   These  Air  Force  personnel  were
responsible for ensuring his contract was not in error.  If his contract  is
found to be invalid, he will lose the money which he had been expecting  and
had plans for, not to mention the money he could have made  in  the  private
sector by not reenlisting for six years – a  significant  opportunity  lost.
Many  people  read  his  contract  and  two  additional  people  signed  it;
therefore, to use “administrative error” is a poor excuse.   The  Air  Force
has an obligation to fulfill his contract  by  paying  the  bonus  that  was
originally promised.

The applicant’s rebuttal 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 an error or injustice.  Based on the  evidence  of  record,  it
appears the applicant was miscounseled by MPF representatives and  that  his
reenlistment contract was  erroneously  prepared,  indicating  he  would  be
entitled to an SRB based  on  five  years  and  seven  months  of  continued
service, upon completion of  technical  school,  and  arrival  at  his  next
permanent duty station.  In our opinion, he contracted his  reenlistment  in
the Air Force in good faith and the error in this case appears to have  been
made by MPF representatives.  We believe it would be an  injustice  for  him
to suffer the consequences of a contractual error,  over  which  he  had  no
control.  We note the rationale provided by the Air Force advisory  opinion;
however, it is our opinion  that  the  applicant  should  not  be  penalized
because of this error.  In view  of  the  foregoing,  and  to  preclude  any
further injustice to the applicant, we believe  any  doubt  in  this  matter
should be resolved in his favor. Accordingly, in order to effect the  relief
he is seeking, 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 at the time of  his  reenlistment  in
the Regular Air Force on 27 December 2005, for a period of  five  (5)  years
and seven (7) months, competent authority  approved  his  entitlement  to  a
Zone A, Multiple 5, Selective Reenlistment Bonus as an exception to policy.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 29 May 2008, under the provisions of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. Vance E. Lineberger, Member
      Mr. Garry G. Sauner, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2008-00485 was considered:

     Exhibit A.  DD Form 149, dated 28 Jan 08, w/atchs.
     Exhibit B.  Letter, AFPC/DPSOA, dated 28 Feb 08.
     Exhibit C.  Letter, SAF/MRBR, dated 4 Apr 08.
     Exhibit D.  Applicant’s Rebuttal, dated 17 Apr 08.




                                  WAYNE R. GRACIE
                                  Panel Chair


AFBCMR BC-2008-00485




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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that at the time
of his reenlistment in the Regular Air Force on 27 December 2005, for a
period of five (5) years and seven (7) months, competent authority approved
his entitlement to a Zone A, Multiple 5, Selective Reenlistment Bonus as an
exception to policy.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency