RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00358
		INDEX CODE:  128.05
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive his Selective Reenlistment Bonus (SRB) payment based on a period of 4 years and 11 months as indicated on his reenlistment contract.

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APPLICANT CONTENDS THAT:

His AF Form 901, Reenlistment Eligibility Annex to DD Form 4, indicates that he is guaranteed a Zone C SRB based on 4 years and 11 months of continued service.  However, he has been counseled that he is only entitled to an SRB based on 36 months of continued service.  

In support of his request, applicant provided a copy of his reenlistment contract.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 14 Jan 92.  He has been progressively promoted to the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 Mar 99.  On 15 Apr 02, applicant reenlisted for a period of 5 years and 6 months.  His AF Form 901, Section III, Item D, indicates: "I understand I will be paid a Zone C Multiple 1.5 bonus based on 4 years and 11 months of continued service."  However, Title 37 USC prohibits a member from receiving SRB payments for service past the 16th year of service.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states that his date of separation prior to reenlistment should have been subtracted from his 16-year point with the remaining time determining the amount of SRB he is authorized.  The Military Personnel Flight can administratively correct his AF Form 901 and the personnel data system needs to be corrected to reflect a date of separation of 14 Oct 07.  The DPPAE evaluation is at 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 7 Mar 03 for review and comment 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an injustice.  In this respect, the applicant reenlisted on 15 Apr 02.  It appears that his Zone C SRB was erroneously calculated and it was annotated on his reenlistment contract that he would be entitled to receive an SRB based on a period of 4 years and 11 months.  However, it was later discovered that the statutory rules governing SRB payments beyond the 16th year of service were inadvertently omitted when calculating his SRB entitlement and that he was only entitled to SRB payment based on a period of 36 months.  While the miscalculation of his SRB entitlement is unfortunate, it is our opinion that the statute and governing regulations are clear as to what his SRB entitlement should be.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00358 in Executive Session on 3 Jun 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 28 Feb 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 03.

                                   
                                   Panel Chair