RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03261

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to entitle him to a multiple 2.5, rather than multiple 2, Selective Reenlistment Bonus (SRB).

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THE APPLICANT CONTENDS THAT:

The Military Personnel Flight (MPF) failed to counsel him regarding a pending SRB change.

While requesting a Career Job Reservation (CJR), he was advised that he would receive a multiple 2.5 SRB upon his reenlistment and that it would expire on 9 September 2003, unless he received notification of a decrease in the bonus.  However, at the time of his reenlistment, he was advised that his multiple had decreased.  Since he was never notified of the decrease, he should receive the multiple of 2.5 that he was offered at the time he agreed to reenlist.

In support of the appeal, the applicant submits his personal statement and reenlistment documents.

Applicant’s complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant requested a CJR on 15 January 2003, and was told he would be entitled to a multiple 2.5 SRB.

Effective 4 July 2003, the applicant’s SRB multiple was decreased to two.

He reenlisted in the Regular Air Force on 5 September 2003 for a period of six years and received a Zone A, multiple 2, SRB.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied and states, in part, that the Air Force made every effort to ensure members were aware of the changes to the SRB list.  There is no valid reason to change his reenlistment date to allow him to receive an SRB.

The AFPC/DPPAE evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 17 October 2003 for review and response within 30 days.  However, 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 error or injustice.  The applicant contends that he requested a CJR on 15 January 2003, and was told he would be entitled to a multiple 2.5 SRB and that it would expire on 9 September 2003, unless he received notification of a decrease in the bonus.  He further contends that it was not until he began his reenlistment processing on 18 August 2003, that he was advised that his multiple had decreased.  He contends that since he was never previously notified of the decrease, he should receive the multiple that he was promised at the time he requested a CJR and agreed to reenlist.  A majority of the Board has thoroughly reviewed the applicant’s submission and the evidence of record and is not persuaded that he has been a victim of an error or injustice.  In this respect, a majority of the Board notes that the Air Force was obligated to notify the applicant of the decrease prior to his reenlistment.  As the applicant indicates, this was done on 18 August 2003, when he began his reenlistment processing.  While it is unfortunate the applicant’s SRB multiple was decreased, absent a showing that he has been treated differently that other members similarly situated, a majority of the Board finds that he has failed to meet his burden that he has suffered an error or injustice.  Therefore, in view of the above, and in the absence of evidence to the contrary, a majority of the Board finds no compelling basis to recommend granting the relief sought.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC-2003-03261 in Executive Session on 3 December 2003, under the provisions of AFI 36-2603:

By majority vote, the Board recommended denial of the application.  Mr.   voted to correct the records and has submitted a minority report which is attached at Exhibit E.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 8 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Oct 03.
    Exhibit E.  Minority Report.

                                   

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 
			    CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, DOCKET NO: BC-2003-03261

	The majority of the Board recommends denial of the applicant’s request that his records be corrected to entitle him to a Selective Reenlistment Bonus (SRB) multiple of 2.5, rather than 2.  I disagree.

	At the time the applicant made the informed decision to reenlistment, he was advised that if he did so, he would be entitled to a 2.5 multiple.  It was not until weeks prior to his reenlistment that he was advised that his multiple had been decreased to 2.  The majority of the panel finds that since the Air Force met its obligation of notifying the applicant of the decrease in his SRB multiple, albeit weeks prior to his reenlistment, he has not suffered from either an error or an injustice.  I believe the Air Force was also obligated to notify the applicant of the multiple decrease prior to its effective date so that he had ample time to make an informed decision to reenlist or not, and if he chose to do so, could take all necessary action to insure he did so prior to his SRB multiple being decreased.  However, in not notifying him of the decrease until after its effective date, he was denied this opportunity.  Clearly, the Air Force Personnel Center (AFPC) released the new SRB list in June 2003 so that members affected by the change were notified in sufficient time to reenlist, if eligible, prior to the multiple decrease.  In the applicant’s case, since he would have been within 90-days of his date of separation (DOS), he could have taken action to reenlist prior to the multiple decrease taking effect on 4 July 2003, had he been notified in June 2003 of the multiple decrease.  Furthermore, I find it unreasonable to conclude that he was aware of the multiple decrease prior to its effective date and took no action to ensure he did not lose his entitlement to the multiple 2.5 SRB.  For the applicant to prove that he was not notified of the multiple decrease is, in essence, asking him to prove a negative.

	In view of the above, I find that the applicant has satisfied his burden to show there has been an error or injustice and recommend his records be corrected to entitle him to a multiple 2.5, rather than 2, SRB.

							

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
			CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, Docket No:  BC-2003-03261

	I have carefully considered all the circumstances of this case and do not agree with the majority members of the panel that the applicant’s request should be denied.

	The applicant requested a Career Job Reservation (CJR) on 15 January 2003, and was advised that he would be eligible for a Zone A, Multiple 2.5, Selective Reenlistment Bonus (SRB) upon his reenlistment.  Headquarters, United States Air Force (Hq USAF) released a new SRB list on 4 June 2003, with all bonus deletions and decreases effective 4 July 2003, and instructed Military Personnel Flights (MPFs) that affected personnel be briefed on the change.

	The majority of the panel finds, in essence, that since the Air Force fulfilled its obligation to notify the applicant of the bonus decrease prior to his 5 September 2003 reenlistment, he has not suffered from an error or an injustice.

	I note, however, the applicant was notified of the bonus decrease when he began his reenlistment processing on 18 August 2003, well after the effective date of the bonus decrease.  As such, I believe he was denied an opportunity to take the necessary action to insure he reenlisted prior to the bonus decrease.  Had he been advised of the change prior to its effective date, he could have reenlisted prior to the change and received the higher bonus.  Clearly the intent of releasing the new SRB list 30-days prior to all deletions and decreases taking effect and instructing MPFs to brief all affected personnel of the change, was to provide affected personnel an opportunity to take the necessary action to ensure they retained their eligibility for the higher bonus.  Furthermore, as noted by the minority member, the Air Force failed to follow its own specified notification procedures.  I have, therefore, decided that relief is warranted and that his records should be corrected to show that he reenlisted on 3 July 2003, with entitlement to a Zone A, Multiple 2.5, Selective Reenlistment Bonus.

							

AFBCMR BC-2003-03261

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 he was honorably discharged on 2 July 2003, rather than 4 September 2003, and reenlisted in the Regular Air Force on 3 July 2003, rather than 5 September 2003, for a period of six (6) years, with entitlement to a Zone A, Multiple two and a half (2.5), Selective Reenlistment Bonus.

							

AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB, MD 20762-7002

Dear APPLICANT

	Your application to the Air Force Board for Correction of Military Records, AFBCMR Docket Number BC-2003-03261, has been finalized.

	By a majority vote, the Board recommended that your application be denied as set forth in the attached Record of Proceedings.  However, after a careful review and consideration of all factors involved, the Director, Air Force Review Boards Agency accepted the minority opinion and determined the military records should be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff, United States Air Force.  The office responsible for making the correction(s) will inform you when your records have been changed.

	After correction, the records will be reviewed to determine if you are entitled to any monetary benefits as a result of the correction of records.  This determination is made by the Defense Finance and Accounting Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful checking of finance records.  It may also be necessary for the DFAS-DE to communicate directly with you to obtain additional information to ensure the proper settlement of your claim.   Because of the number and complexity of claims workload, you should expect some delay.  We assure you, however, that every effort will be made to conclude this matter at the earliest practical date.