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AF | BCMR | CY2014 | BC 2014 03105
Original file (BC 2014 03105.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-03105
		
							COUNSEL:  NONE

						HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

Her Selective Reenlistment Bonus (SRB) multiplier be changed from 2.0 to 3.0, and her term-of-enlistment (TOE) be changed from five years to six years.


APPLICANT CONTENDS THAT:

She was miscounseled on her right to reenlist.  In Jun 11, upon arriving at her new duty station right after completing technical training she attempted to reenlist, which would have provided her a 3.0 SRB multiplier, but she was incorrectly told she could not reenlist until she had served one full year of the date of separation (DOS) extension she accepted to qualify for the training.  After waiting the year to reenlist, the SRB multiplier had dropped to 2.0.  Then she found out she had been miscounseled and had actually been eligible to reenlist in Jun 11. 

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


STATEMENT OF FACTS:

The applicant served in the Regular Air Force during the period of time in question.  

On 9 Jul 10, the applicant was approved for a 23 months DOS extension through 22 Dec 12 for the purpose of retraining into the Weather career field.  

On 15 Dec 11, the applicant signed an AF Form 901, Reenlistment Eligibility Annex to DD Form 4, accepting a 2.0 SRB for 5 years of service.

On 21 Apr 12, the applicant received a referral EPR covering the period 23 Sep 10 through 8 Apr 12.  The EPR contained the following statement, “Failed to meet standards during USAF fitness assessment.”
On 24 Feb 14, the applicant received a referral Enlisted Performance Report (EPR) covering the period 14 Dec 12 through 13 Dec 12.  The EPR contained the following statement, “Placed on UIF/Control Roster for possession of drug paraphernalia and violation of no contact order.”

On 5 May 14, a Qualify Force Review Board (QFRB) did not select the applicant for retention thereby establishing a mandatory date of separation of 29 Sep 14.  

On 29 Sep 14, the applicant was issued an Honorable discharge, with a narrative reason for separation of “Reduction in Force,” and was credited with seven years, eight months, and seven day of total active service. 

On 30 Mar 15, AFPC/DPSOA clarified that if a member, such as the applicant, was involuntarily separated under the Quality Force Review Board (AFRB) and did not complete the enlistment for which they were paid an SRB, pending future payments of an approved SRB are terminated upon separation.  

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 applicant was most likely denied the option to reenlist in Jun 11 based upon an error by the Military Personnel Office.  The applicant was miscounseled twice.  The applicant was approved for retraining in the Weather career field on 7 May 10 and her date-of-separation (DOS) was extended by 23 months to allow time to complete the training.  When she was approved for training she was in a Zone A SRB window (17 months to 6 years of service) which ended on 22 Jan 13.  She entered the 23 month DOS extension period while she was in technical school for Weather.  The applicant was eligible to reenlist immediately after the class graduation date of 1 Jun 14 with a Zone A 3.0 multiple.  However, AFI 36-2606, Reenlistments in the US Air Force, states the number of years a member is reenlisting for and obligated service cannot combine to exceed 72 months under any circumstances.  Because the applicant had 18 months of obligated service left on her last enlistment, 4 years was the maximum number of full years she could enlist for without exceeding the maximum 72 months counting both the numbered years and the obligated service.  Therefore, we agree the applicant was eligible to reenlist with a Zone A multiple 3.0 SRB upon arriving at her duty station on 16 Jun 11.  However, she was only eligible to reenlist for 4 years and 18 months of obligated service, not the 6 years she is requesting.  
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 17 Nov 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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of AFPC/DPSOA and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's 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 void and remove her 28 December 2011 reenlistment for 5 years and 11 months with entitlement to Zone A 2.0 Selective Reenlistment Bonus (SRB), and to show she reenlisted on 16 June 2011 for 4 years and 18 months with a Zone A 3.0 SRB for 4 years of continued service.  


The following members of the Board considered AFBCMR Docket Number BC-2014-03105 in Executive Session on 16 Apr 15 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member


All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03105 was considered:

	Exhibit A.  DD Form 149, dated 28 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOA, dated 10 Sep 14.
      Exhibit D.  Letter SAF/MRBR, dated 17 Nov 14.


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