RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03821
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment contract be nullified and he be granted an
extension, contingent on reenlisting in the future, if necessary.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was miscounseled regarding his Selective Reenlistment Bonus
(SRB) when he reenlisted. He graduated from an Air Force
training course and went to the Military Personnel Flight (MPF)
for a mass out-processing briefing when he was pulled aside and
informed he needed to reenlist right away. The MPF lost his
original paperwork and had to reconstruct it; an airman assisted
him in filling out the paperwork to the best of his knowledge to
include the 6.5 SRB multiplier. He was not given adequate time
to read the contract; he signed and initialed the contract
without realizing on the bottom of the page in small print it
read he was to receive a 3 multiplier. He admits to being the
biggest culprit in this error for not thoroughly reviewing the
contract before signing it; however, if he had paid attention to
the details, he would not have reenlisted and would have waited
to reenlist in Jul 11 when he hit Zone B and the 6.5 multiplier
would have gone into effect. As it turns out, he may deploy this
July and could have reenlisted without being taxed. It looks
like he may have lost up to $44,000.00 based on this error. He
bought a home and planned on using the money from his SRB to make
some needed repairs.
The applicants complete submission, with attachments is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states the applicant
contends that anyone in his situation would have extended for the
minimum required retainability and then waited to reenlist when
he was in Zone B and eligible for the 6.5 multiplier. However,
DPSOA notes the SRB list changes as much as 4 times a year and
this logic does not always pay off. DPSOA also states that
others in the same situation choose to reenlist in Zone A as he
did and then hope their skill still has a Zone B multiplier of
6.5 SRB when they become eligible to reenlist in Zone B. In this
case, the applicant will be eligible to reenlist in Zone B as
early as 14 Apr 12 if he is given a service direct retainability
requirement on or after that date.
The DPSOA complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by stating his original contentions;
however, he points out this was the first time he was eligible to
receive a bonus of any kind and he relied on the Reenlistment
Section to provide him with proper counseling. He later realized
he did not receive accurate answers to his questions. He admits
to mistakenly looking over the 6-8 point font that showed his 3
multiplier. He provided a statement from the Reenlistment
Section in his original submission; however, he notes that he
acquired this statement in order for both sides of the story to
be heard. However, the statement provided by AlC P is a complete
fabrication of the truth. When he spoke with AlC P and TSgt S,
they both agreed they had made a mistake and looked into ways to
circumvent the situation; however, once he asked them for a
written statement, they recanted their stories. The DPSOA
advisory opinion states he would not know what the multiplier
would be by the time Zone B hit for him in Jul 11; however, that
is to the contrary, historical trends reveal his career field has
never had a SRB below a 5 multiplier. It does not make sense
for him to have taken a 3 multiplier, in Aug, just in case the
SRB is removed. Had he been properly counseled, he would have
waited until Jul 11 to reenlist. Lastly, he reiterates his
family situation of purchasing a home and that by receiving the
6.5 SRB, he expected to be in a much better financial situation
than where he ended up.
The applicants 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the evidence of record and the applicants
submission, we found no evidence that the applicant was
miscounseled or that he was treated differently than other
members similarly situated. Therefore, we agree with the opinion
and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an error
or injustice. In the absence of evidence to the contrary, we
find no basis to recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-03821 in Executive Session on 10 Feb 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2010-
03821 was considered:
Exhibit A. DD Form 149, dated 4 Oct 10, w/atchs.
Exhibit B. Letter, AFPC/DPSOA, dated 18 Nov 10.
Exhibit C. Letter, SAF/MRBR, dated 17 Dec 10.
Exhibit D. Letter, Applicant, dated 10 Jan 11.
PANEL CHAIR
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