RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-00948
			INDEX CODE 128.05
			COUNSEL:  None

			HEARING DESIRED:  No
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APPLICANT REQUESTS THAT:

His original reenlistment contract, authorizing a Zone B, Multiple 2.0 Selective Reenlistment Bonus (SRB) be reinstated.
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APPLICANT CONTENDS THAT:

When he first received the notification of his pending assignment to Sheppard Air Force Base to become an Electrical Systems Instructor, he started to make the necessary arrangements to sell his home in Summerville, South Carolina.  

During the reenlistment process, he was given a Zone B, Multiple 2, SRB in writing on his reenlistment contract.  In his eyes and heart, this document was binding legally and morally from both sides.  The SRB payments would be render in the time specified by the staff at the Military Personnel Flight (MPF) at Charleston Air Force Base.  

After careful consideration, he realized that he could now afford to keep his home in Summerville and obtain another residence in Wichita Falls, Texas.  He agreed to a contract, (with a real estate company) leasing his home in Summerville for two years with the option for a third year.  These considerations also included his wedding date, which was delayed because the date that was set for the wedding conflicted with his report not later than date for his permanent change of station (PCS).

He was in the final closing stage of his home in Wichita Falls when he received the information that the reenlistment office at Sheppard AFB had a problem with his SRB.  He was already locked into the contract for the house and he could not back out of the agreement without facing legal actions and/or fees.  Meanwhile, he took part of his advance payment entitlement to help offset the payments until the problems were solved.  However, he is now paying back this advance pay.  After believing that his reenlistment contract would hold more merit than his real estate contract, he proceeded to honor his real estate contract.  

Meanwhile, the delay in payment of his SRB has caused him to incur a sizable debt, to include depletion of his savings.  He and his fiancée had to reschedule their wedding date several times, to include her arrival to Wichita Falls. 

In the space of six months, he has been involved in at least three contracts.  Two of the contracts, he had signed on the dotted line, made him morally and legally responsible to uphold his part of the agreement.  The third contract, he signed on the dotted line, he raised his right hand and took an oath to defend the Constitution.  His present financial dilemma seems like it can spiral into a bigger financial problem for his future and family. 

In support of his request, the applicant submitted personal statements, a letter from his commander, AF Form 901, Reenlistment Eligibility Annex to DD Form 4, the DD Form 4, Enlistment/Reenlistment Document and a letter from the 82 MSS/DPMP.

Applicant's complete submission, with attachments, is an Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of SSgt (E-5).

The applicant originally reenlisted on 9 August 2001 for five years with a Zone B, Multiple 2.0 Selective Reenlistment Bonus. 

On 17 December 2001, the Military Personnel Flight Commander advised the applicant that his reenlistment contract was modified to reflect a Zone C, Multiple 1 SRB with a 6 year reenlistment.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommended the applicant's request for Zone B SRB be denied, as he is not authorized to receive a Zone B twice.  Review of the applicant's case file indicates his contract is not correct.  The MPF reenlisted the member on 9 August 2001 and stated, that he should be authorized a Zone B SRB entitlement.  AFI 36-2606, Reenlistment in the United States Air Force, paragraph 2.3.3. and Authority and Reference: Public Law 93-277 Armed Forces Enlisted Personnel Bonus Revision Act of 1974, as amended (Title 37 U.S.C, Section 308); DoD Military Pay and Allowances Entitlements Manual (DoDPM); and DoD Directive 1304.21, and DoD Instruction 1304.22, states:  Eligible airmen may receive an SRB in each zone, but only one SRB per zone.  However, we do recommend member's reenlistment date be changed to reflect 22 August 2001, which would allow the applicant to be authorized a Zone C, Multiple 1.0 SRB.  Furthermore, request Defense Finance and Accounting Service compute the resulting Zone C, Multiple SRB entitlement for 5 years of continued service.

AFPC/DPPAE complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and stated that the denial of the SRB will cause irreversible damage to his career, personal stability and financial security.  He has managed his financial matters without reproach.  He even bought a house as a single Senior Airman.  Since his SRB has been denied, he has been living from paycheck to paycheck.  Minor repairs to his car have to wait until they become major problems.  In between long pay periods, his over draft protection is his only option.  He has never had financial problems before.  

He has been a proud member of the United States Air Force for over ten years.  The problems he has now are not his fault.  These problems are having an adverse affect on his financial stability and most importantly his Air Force career.  

Applicant's complete response is at 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 an error or injustice warranting corrective action.  It appears that the applicant was miscounseled by Military Personnel Flight (MPF) representatives when he executed his reenlistment contract on 9 August 2001 indicating that he would be entitled to a Zone B, Multiple 2.0, SRB based on 5 (five) years of continured service.  After reviewing the evidence of record, we believe that the applicant’s record should be corrected to allow him to receive the SRB as indicated on his contract.  In this respect, we note that the applicant agreed to reenlist in order to receive the bonus in question.  Furthermore, and more importantly, applicant made career and financial decisions based on receiving the bonus in question.  Based on the above and in an effort to provide the applicant full and fair relief, we recommend 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:

	a.  Any reference of receiving a reenlistment bonus at the time of his reenlistment on 12 August 1998 be, and hereby is, declared void and any indebtedness incurred as a result of this change be waived.

	b.  He reenlisted in the Regular Air Force on 9 August 2001, for a period of 6 (six) years with entitlement to a Zone B, Multiple 2.0, Selective Reenlistment Bonus computed for 5 (five) years of continued service.

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The following members of the Board considered Docket Number 02-00948 in Executive Session on 27 June 2002, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 21 Feb 02, w/atchs.
   Exhibit B.  Letter, AFPC/DPPAE, dated 17 Apr 02.
   Exhibit C.  Letter, SAF/MRBR, dated 10 May 02.
   Exhibit D.  Letter, Applicant, dated 5 Jun 02.

                                   

AFBCMR 02-00948

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: 

			a.  Any reference of receiving a reenlistment bonus at the time of his reenlistment on 12 August 1998 be, and hereby is, declared void and any indebtedness incurred as a result of this change be waived.

		b.  He reenlisted in the Regular Air Force on 9 August 2001, for a period of 6 (six) years with entitlement to a Zone B, Multiple 2.0, Selective Reenlistment Bonus computed for 5 (five) years of continued service.