RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01643
		INDEX CODE:  112.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His current enlistment contract be canceled so that he can reenlist and receive a full Selective Reenlistment Bonus (SRB).

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APPLICANT CONTENDS THAT:

He was briefed that he needed to reenlist before his AEF deployment.  He reenlisted while he was out-processing for his TDY.  He was never briefed on the upcoming SRB changes.  He would have extended instead of reenlisting.  He reenlisted with an SRB of 2 and while deployed the SRB changed to 3.  The change of SRB from 2 to 3 caused him to lose several thousand dollars.  

In support of his application, he provides a copy of his enlistment contract.  The applicant’s complete submission, with attachment, is at Exhibit A.  

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of staff sergeant (E-5), having been promoted to that grade with an effective date and date of rank of 1 July 2002.  Information extracted from the Personnel Data System (PDS) reveals that the applicant contracted his initial enlistment in the Regular Air Force on 22 April 1998 for a period of 4 years and 5 months, thereby establishing a date of separation of 21 April 2002.  On 21 November 2001, the applicant reenlisted in the Regular Air Force for a period of 4 years and, at the time of his reenlistment, he was entitled to a Zone A, Multiple 2 Selective Reenlistment Bonus (SRB).

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied.  DPPAE states that on 17 January 2002, HQ USAF released the new SRB list and announced that affected personnel should be briefed.  DPPAE states that the window to get the SRB recomputed was if the applicant reenlisted between 2 January 2002 and 16 January 2002.  The DPPAE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded by stating that he was directed by his squadron mobility personnel to reenlist early in order to have retainability in order to deploy.  If it would not have been for the deployment, applicant states that he would without a doubt have waited until 17 January to enlist; which would have still been 3 months before his 4-year mark to reenlist.  Applicant feels that it is unfair that due to a mandatory deployment he should be denied a higher SRB. 

The applicant’s submission is at Exhibit D. 

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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 error or injustice.  Although the applicant has not substantiated that he was miscounseled by his MPF, there are factors in mitigation in this case which reach to the injustice aspects of our recommending authority.  In this respect, we note that early reenlistment is detrimental to the applicant in that obligated service negatively impacts on his SRB payment; that since he was a first term airman, he could have reenlisted long before being selected for deployment had he desired to do so; that the fact that he did not reenlist until selected for deployment is an indication that he intended to reenlist upon expiration of term of service in April 2002; and that had he not been selected for deployment, he would have been counseled concerning the increase in SRB multiple on 17 January 2002, long before his expiration of term of service.  In view of the foregoing and since he clearly did not have to reenlist to obtain retainability for the deployment, the benefit of any doubt should be resolved in his favor by granting his stated request.

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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 not honorably discharged on 20 November 2001, and his 21 November 2001 enlistment in the Regular Air Force for a period of four (4) years and five (5) months, be declared void.

	b.  He was honorably discharged on 17 January 2002 and reenlisted in the Regular Air Force for a period of four (4) years and five (5) months on 18 January 2002; and, at the time of his reenlistment of 18 January 2002, he was entitled to a Zone A, Multiple three (3) Selective Reenlistment Bonus (SRB).

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The following members of the Board considered this application in Executive Session on 21 August 2002, 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 5 June 2002.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 17 June 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 21 June 2002.
     Exhibit E.  Letter, Applicant, undated.

                                   
                                   Panel Chair

AFBCMR 02-00408

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 xxxxxxxxxxxxxxxxxxxxx, be corrected to show that:

		a.  He was not honorably discharged on 20 November 2001 and his 21 November 2001 enlistment in the Regular Air Force for a period of four (4) years and five (5) months, be, and hereby is, declared void.

		b.  He was honorably discharged on 17 January 2002 and reenlisted in the Regular Air Force on 18 January 2002, for a period of four (4) years and five (5) months; and at the time of his reenlistment on 18 January 2002, he was entitled to a Zone A, Multiple three (3) Selective Reenlistment Bonus (SRB).  

                                                                                    
                                                                                    Director
                                                                                    Air Force Review Boards Agency