7RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01064
		INDEX CODE:  112-03, 128.05
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The 36-month extension of his enlistment contract be voided so that he may reenlist.

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APPLICANT CONTENDS THAT:

He was advised by a Military Personnel Flight (MPF) representative, that if volunteered for an overseas assignment and extended his current enlistment for a period of 36 months to obtain the required retainability, he would receive a Zone C Selective Reenlistment Bonus (SRB) upon entering into the extension.  He has since discovered that he was provided false information and is not eligible to receive the SRB payment as indicated on his contract.

In support of his request applicant provided a personal statement; a copy of his AF Form 1411, Extension or Cancellation of Extension of Enlistment in the Regular Air Force/Air Force Reserve; a memorandum from 86 MSS/DPMPQ; and, his retainability requirements memorandum.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 5 Apr 90.  He has been progressively promoted to the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 May 97.  He reenlisted on 9 Jan 97, for a period of 4 years.  On 8 Feb 00, applicant contracted an extension to his 9 Jan 97 enlistment for a period of 36 months.  Section IX of his extension contract indicates that upon entering his extension, he will receive a Zone C, Multiple 1.0, SRB payment.  He entered into the extension on 9 Jan 01.

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AIR FORCE EVALUATION:

The Assistant Chief, Skills Management Branch, AFPC/DPPAE, reviewed applicant’s request and recommends denial.  DPPAE states that airmen are eligible for a Zone C SRB when they extend their enlistment for at least 36 months in one increment provided the extension will permit the member to complete at least 14 years of Total Active Federal Military Service (TAFMS).  In applicant’s case, he needed to extend 39 months to complete 14 years TAFMS.  Canceling his extension and reenlisting now would allow him to obtain additional entitlements he would not have otherwise been entitled.  His current extension contract allowed him to obtain the required retainability for a permanent change of station (PCS) assignment (see Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the advisory and states that the problem is not when the extension would end, but when it would begin.  The date you enter an extension is the date used to determine what zone you are in.  If his extension was extended another 3 months, it would not fix the date he entered the extension.  The correct way to fix this is to nullify the extension and allow him to reenlist (see Exhibit E).

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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 probable error or injustice warranting corrective action.  Based on the evidence of record, it appears that the applicant was miscounseled by Military Personnel Flight (MPF) representatives regarding his entitlement to receive a Selective Reenlistment Bonus (SRB).  It appears that he contracted an extension of his enlistment on 8 February 2000, for a period of 36 months in good faith that he would be entitled to receive an SRB upon entering the extension.  In this regard, with proper counseling, if he had extended for a period of 39 months, vice 36 months, he would have received a Zone C SRB payment multiplied by the 39-month period.  If he had reenlisted to obtain his required retainability in lieu of extending his enlistment, he would not have been entitled to an SRB because at that time he was still in Zone B.  He had already received a Zone B SRB payment and in accordance with policy only one SRB payment is authorized for each zone.  We considered applicant's request to cancel his extension and allow him to reenlist after he entered Zone C on 4 April 00.  He contends that he volunteered for the overseas assignment based on the counseling that he received.  In this regard, it is our opinion the applicant has not provided evidence that would persuade us that he was advised correctly, in this matter.  Therefore, as the fairest and most equitable resolution, we recommend that his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 8 February 2000, he executed an extension of his enlistment for a period of 39 months, vice 36 months and upon entering his extension on 9 January 01, we has entitled to a Zone C, Multiple 1.0, Selective Reenlistment Bonus.

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The following members of the Board considered this application in Executive Session on 21 Aug 01, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 26 Mar 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 13 Jul 01.
     Exhibit D.  Letter, SAF/MIBR, dated 20 Jul 01.
     Exhibit E.  Letter, Applicant, dated 1 Aug 01.

                                  
                                  Panel Chair

AFBCMR 01-01064

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 APPLICANT, be corrected to show that on 8 February 2000, he executed an extension of his enlistment for a period of 39 months, vice 36 months and upon entering his extension on 9 January 01, we has entitled to a Zone C, Multiple 1.0, Selective Reenlistment Bonus.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency