RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03878
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment contract executed on 31 July 2007 with a Zone A,
multiple 5.0 Selective Reenlistment Bonus (SRB) be honored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force admitted to making a mistake on his reenlistment
contract; they reflected an SRB multiplier of 5.0 in Section III,
Item D, of his Air Force IMT 901, Reenlistment Eligibility Annex
to DD Form 4. On 1 September 2011, over four years after his
contract was signed and approved, he was notified by his Support
Squadron Reenlistments office that his contract was in error and
that it was changed to reflect an SRB multiplier of 4.5 rather
than 5.0. He was asked to initial next to the change; however,
he refused because he feels it is both illegal and immoral to
change a signed and approved contract without his consent. The
SRB 5.0 multiplier weighed greatly on his decision to reenlist.
By changing the SRB multiplier, it has caused the Air Force to
create a debt for bonus overpayment of approximately $5,000. The
mistake was not due to his error, or to his knowledge. To alter
his contract without his consent is a breach of contract, setting
a grave precedent against all enlisted members serving in the Air
Force.
In support of his appeal, the applicant provides a personal
statement, and copies of his DD Form 4, Enlistment/Reenlistment
Document; AF IMT 901; several letters of support from his
commander, former group commander, flight commander, etc.;
electronic communications; Reenlistments Section Case Form; and a
personnel data brief.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of staff sergeant (E-5). On 31 July 2007, he
reenlisted for a period of five years and nine months of
obligated service with entitlement to a Zone A, multiple 5.0 SRB.
In 2011, his reenlistment contract was corrected to reflect an
SRB multiple of 4.5 rather than 5.0 in accordance with current
Air Force policy and directives resulting in recoupment of the
SRB overpayment.
The remaining relevant facts, extracted from the applicants
master personnel records, are contained in the evaluation by the
Air Force office of primary responsibility at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states that the fact the
wrong multiplier was listed on his original contract does not
entitle him to overpayment of the SRB. The applicant states
financial hardship will occur if he is forced to pay back the SRB
overpayment, but does not identify whether he has applied for
relief through the Defense Finance and Accounting Service (DFAS)
based on a financial hardship occurring.
The complete DPSOA evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
After he was advised by his reenlistment section that his
contract had been changed and that he was incurring a debt, he
was advised by his finance office that the first step in
correcting this situation was to submit an application to the
AFBCMR. He has included a copy of another applicants AFBCMR
case that is similar to his situation, which was approved by the
Board. He thanks the Board for its time and consideration in
this matter and humbly asks the Board to rule in his favor.
The applicants complete rebuttal, with attachments, 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
erroneously indicated he would be entitled to an SRB based on
five years and nine months of obligated service, with a Zone A,
multiple 5.0 SRB. In our view, the applicant contracted his
reenlistment in the Air Force in good faith and the error in this
case appears to have been through no fault of his own. We note
the recommendation and rationale provided by the Air Force office
of primary responsibility; however, given the circumstances of
this case, we believe it to be in the interest of equity and
justice to honor the contract as written. 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 show that at the
time of his reenlistment in the Regular Air Force on 31 July
2007, for a period of five (5) years and nine (9) months,
competent authority approved his entitlement to a Zone A,
Multiple 5.0, Selective Reenlistment Bonus as an exception to
policy.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03878 in Executive Session on 26 April 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
All members voted to correct the records, as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2011-
03878 was considered:
Exhibit A. DD Form 149, dated 26 Sep 11, w/atchs.
Exhibit B. Letter, AFPC/DPSOA, dated 9 Nov 11.
Exhibit C. Letter, SAF/MRBR, dated 18 Nov 11.
Exhibit D. Letter, Applicant, dated 12 Dec 11, w/atchs.
Panel Chair
AF | BCMR | CY2008 | BC-2008-00485
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...
AF | BCMR | CY2013 | BC 2013 05216
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05216 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Selective Reenlistment Bonus (SRB) be corrected to a 5.0 multiple, instead of a 2.0 multiple. The applicant reenlisted on 11 Dec 12 and his enlistment contract erroneously indicated an SRB multiple of 5.0 when the correct multiple should have been 2.0. Exhibit C. Memorandum, AFPC/DPSOA, dated 16 Dec 13.
AF | BCMR | CY2011 | BC-2011-03879
________________________________________________________________ APPLICANT CONTENDS THAT: The Military Personnel Flight (MPF) reenlistment office altered his DD Form 4/1 to reflect 8 Oct 2007 instead of the date he reenlisted (1 Oct 2007). The problem was the applicant's DOS/ETS was 7 Dec 2011 in DFAS system and 7 Jan 2012 in MILPDS (which coincides with the 8 Oct 2007 reenlistment for four years and three months); the 8 Oct 2007 reenlistment date was verified from his contract located in...
AF | BCMR | CY2008 | BC-2007-03272
He executed his reenlistment 6 February 2006, almost 120 days before the announced effective date of the SRB. Additionally, he is not eligible to execute a six- year reenlistment as it exceeds the authorized term of enlistment authorized by the Air Force. In this regard, the applicant is requesting that he be authorized a Zone A, Multiple 2, SRB as reflected on his 6 February 2006 reenlistment contract.
AF | BCMR | CY2014 | BC 2014 03105
Then she found out she had been miscounseled and had actually been eligible to reenlist in Jun 11. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSOA recommends partially granting, indicating there is evidence of an error or injustice. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...
AF | BCMR | CY2012 | BC-2012-00658
His reenlistment date reflect his original date of reenlistment of 31 Oct 11. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial indicating there is no evidence of an injustice. ________________________________________________________________ THE BOARD...
A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluation and states that at his reenlistment briefing on 11 January 1999, he signed a document, in good faith, indicating his intent to reenlist, after being briefed that he was to receive a SRB of 1.5. _________________________________________________________________ THE BOARD...
AF | BCMR | CY2012 | BC-2012-01830
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01830 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His ten-month enlistment extension be corrected to 48 months so he can receive his full Zone C Selective Reenlistment Bonus (SRB) with 7.0 multiplier. DPSOA states the statement the applicant initialed on the back of the AF IMT 1411, Extension...
AF | BCMR | CY2008 | BC-2007-02543
The clerk explained she received a Zone B SRB for a previous reenlistment on 21 January 2005, therefore was not eligible to receive an additional Zone B SRB. However, with the 21 January 2005 reenlistment, the applicant had already received a Zone B, multiple 4.5 SRB. ________________________________________________________________ AIR FORCE EVALUATION: DPPAE recommends the applicant’s request for waiver of the second Zone B, Multiple 4.5 be denied but recommends the board declare the 26...
He continued to reenlist and serve on active duty, entering his most recent enlistment on 14 Jun 01, when he reenlisted for a period of 5 years and 9 months. At the time of his reenlistment in the Regular Air Force on 14 June 2001 for a period of five (5) years and nine (9) months, he was entitled to a Zone C, Selective Reenlistment Bonus, based on four(4) years and nine (9) months of continued service. At the time of his reenlistment in the Regular Air Force on 14 June 2001 for a period...