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.
APPLICANT CONTENDS THAT:
He signed his reenlistment bonus paperwork with a SRB 5.0 multiple, but received a SRB 2.0 multiple amount without any notification.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 17 Oct 06.
On 11 Dec 12, the applicant reenlisted for 5 years and 1 month with an erroneous SRB multiple of 5.0. At the time of his re-enlistment, the applicant had served more than six years on active duty. Because he had attained more than six years on active duty, he was in Zone B and was therefore eligible for a 2.0 multiplier.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice. The applicant was approved for retraining on 11 Jun 12. His Class Start Date (CSD) for his approved retraining was 5 Oct 2012 and his Class Graduation Date (CGD) was 7 Dec 2012. The applicant did reenlist on 11 Dec 12 and was eligible for the 1U0X1 SRB, in SRB Zone B (2.0 multiple), because he had served on active duty for more than six, but less than ten years. AFI 36-2606 Reenlistment in the United States Air Force, paragraph 4.15.2, does indicate that members who are approved for retraining get the multiple in effect at the time of approved retraining, even if the multiple is reduced or terminated. However, the "Note" in paragraph 4.15.2 states the Airman must be in the same SRB Zone on the date of reenlistment. Unfortunately, in this case, the applicant was in a different re-enlistment Zone when he reenlisted than he was when his retraining was approved. When his retraining was approved on 11 Jun 12, he was in Zone A, which is those with six or less years of active duty. However, by the time he re-enlisted on 11 Dec 12, he had attained more than six years of service and, thus, the Zone B multiple of 2.0 applied. Additionally, the applicant provided an IG memorandum in reference to another member in support of his request. However, this member is not similarly situated to the applicant as he was in Zone C--ten years one day up to 14 years of total active federal military service when he was approved for retraining and reenlisted while still in his Zone C SRB window, which allowed him to receive the SRB multiple in effect when he was approved for retraining. 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. As such, the contract was subsequently administratively corrected to reflect the correct multiple of 2.0.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 21 Jan 14 for review and comment within 30 days (Exhibit D). 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 error or injustice. After a thorough review of the evidence of record and the applicants complete submission, we believe the applicant is the victim of an injustice. While we note the comments of AFPC/DPSOA indicating that relief should be denied because the applicant was not eligible for the SRB 5.0 multiple by the time he actually reenlisted, which resulted in his enlistment contract being corrected to reflect the lower SRB 2.0 multiple that was in effect on his date of reenlistment, we believe the applicant was the victim of an injustice having signed reenlistment documents certifying that he agreed to and understood the conditions associated with him receiving a SRB Zone B, multiple 5.0 based on five years and one month of continued service, to only later be advised that he was ineligible for the agreed upon multiple. In our view, the applicant executed this contract in good faith and the error was through no fault of his own. Therefore, we recommend the applicants records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that, as an exception to policy, competent authority approved his entitlement to a Selective Reenlistment Bonus (SRB) multiple of 5.0 in conjunction with his reenlistment on 11 December 2012.
The following members of the Board considered AFBCMR Docket Number BC-2013-05216 in Executive Session on 14 Oct 14 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 16 Dec 13.
Exhibit D. Letter, SAF/MRBR, dated 21 Jan 14.
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