RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02290
		INDEX CODE:  128.05
		COUNSEL:  NONE	

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His 10-month period of obligated service be waived so that he may receive his Selective Reenlistment Bonus (SRB) for 4 years and 9 months as stated on his reenlistment contract.
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APPLICANT CONTENDS THAT:

He was advised by the Military Personnel Flight (MPF) representative that he would not have any obligated service subtracted from his SRB entitlement.  His reenlistment contract reflects that he is entitled to a Zone C, Multiple 2.0, SRB based on 4 years and 9 months.  However, he only was paid for 3 years and 11 months.  

In support of his request applicant provided a copy of his DD Forms 4/1 and 4/2, Enlistment/Reenlistment Document Armed Forces of the United States; AF Form 901, Reenlistment Eligibility Annex to DD Form 4; DFAS Form 702, Military Leave and Earnings Statement; and a personal statement.  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 13 Mar 90 and has been progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Jun 01.  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.  His AF Form 901, reflects that he is entitled to a Zone C, Multiple 2.0, SRB based on 4 years and 9 months.  

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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 based on his 16th year of service, on 13 Mar 06, minus obligated service of 10 months, he is only entitled to an SRB for 3 years and 11 months, which he was paid.  In accordance with USC Title 37, he is not entitled to SRB payments past 16 years total active service (see Exhibit C).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 Sep 01 for review and response within 30 days.  As of this date, this office has received no response.

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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 and that his reenlistment contract was erroneously prepared, indicating that he would be entitled to an SRB based on 4 years and 9 months of continued service, without the loss of obligated service.  In our opinion, he contracted his reenlistment in the Air Force in good faith and the error in this case appears to have been made by MPF representatives.  We believe that it would be an injustice for him to suffer the consequences of the contractual error, over which he had no control.  In view of the foregoing, and to preclude any further injustice to the applicant, we believe any doubt in this matter should be resolved in his favor.  Accordingly, in order to effect the relief he is seeking, we recommend that his previous reenlistment be changed as 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 

	a.  He was honorably discharged on 15 June 1997, vice 15 April 1998, and reenlisted in the Regular Air Force on 16 Jun 1997, vice 16 April 1998, for a period of four (4) years.

	b.  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.

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The following members of the Board considered this application in Executive Session on 6 Nov 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 6 Aug 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 24 Sep 01.
     Exhibit D.  Letter, SAF/MIBR, dated 28 Sep 01.

								
AFBCMR 01-02290

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:

	a.  He was honorably discharged on 15 June 1997, vice 15 April 1998, and reenlisted in the Regular Air Force on 16 Jun 1997, vice 16 April 1998, for a period of four (4) years.

	b.  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.