RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01822

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment date be changed from 30 April 2004 to 29 April 2004, to allow eligibility of a Zone B, multiple 1.5, Selective Reenlistment Bonus (SRB).

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APPLICANT CONTENDS THAT:

He was wrongly counseled by his MPF, who double-checked with AFPC, that if he reenlisted on 30 April 2004, he would get an SRB.  He found out from Immigration and Naturalization Service (INS) that his US citizenship was approved on 28 April 2004. He made arrangements with them to travel to Atlanta to be sworn in as a citizen on 30 April 2004 and then return to base to immediately reenlist.  If he had been told correctly to reenlist 29 April 2004, he could have made arrangements with INS to swear in a day earlier.

In support of his request, the applicant submits a personal statement and a letter of support from the military personnel flight commander.

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

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STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of staff sergeant.  His most recent enlistment was on 30 April 2004 in the grade of E-5 for a period of five years and two months. 

Information extracted from the Personnel Data System (PDS) reveals that the applicant held the Duty Air Force Specialty Code (DAFSC) of 3N0.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial and stated the applicant’s reenlistment was based on being a naturalized citizen with SRB being dependent on having reenlisted within a set window.  With the enlistment outside the eligibility window, they cannot equitably award the SRB, as they are unable to do the same for others who reenlisted outside the window.  SRB eligibility is based on signing an enlistment contract in an AFSC that offers an SRB.  At the time of enlistment, the applicant’s AFSC did not offer an SRB.  The governing SRB message stated, “all decreases and deletions will be effective 30 April 2004. 

AFPC/DPPAE copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated he enclosed an email sent from Capt __, 347th MSS Military Personnel Flight (MPF) commander, to Col __ at AFPC.  He is referencing this email as this is where he first saw TSgt __’s name listed as the person SSgt __, 347 MSS spoke to about his reenlistment date and selection reenlistment bonus (SRB).  According to the message, it was SSgt __ who confirmed that TSgt __ had provided the wrong information.  

He was in SSgt __’s office when she called AFPC, regardless of who she spoke to, and heard her receive confirmation that he would receive the SRB if he reenlisted on 30 April 2004.  Capt ___, 347th MSS, also, spoke with AFPC on this matter and was told that while they did provide the wrong information, they are not willing to change their position.  He failed to understand why TSgt __ is claiming she never spoke to anybody here when so many individuals have stated that it was indeed her they spoke to.

Applicant’s complete response, with attachment, 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 error or injustice.  After reviewing the applicant’s submission and the evidence of record, we are persuaded that relief is warranted.  The Board notes that, at the time he had arranged to be sworn in as a US citizen on 30 April 2004, the Selective Reenlistment Bonus (SRB) was in effect for the applicant’s career field.  The applicant was subsequently notified that the SRB was no longer being offered effective     30 April 2004.  We believe that, had the applicant been properly counseled concerning his options of reenlisting, he would have reenlisted one-day prior and would have been eligible for the reenlistment bonus.  In view of the circumstances presented in this case, and in an effort to remove any possibility of an injustice to the applicant, we recommend her 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 he was honorably discharged on 28 April 2004, rather than 29 April 2004 and reenlisted in the Regular Air Force on 29 April 2004, rather than 30 April 2004, for a period of five (5) years and two (2) months, with entitlement to a Zone B, multiple 1.5, Selective Reenlistment Bonus.

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The following members of the Board considered Docket Number BC-2004-01822 in Executive Session on 14 September 2004, 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 2 Jun 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 25 Jun 04.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.
   Exhibit E.  Letter, Applicant, dated 9 Aug 04.

AFBCMR BC-2004-01822

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 XXXXXXX, XXXXXXX, be corrected to show that he was honorably discharged on 28 April 2004, rather than 29 April 2004 and reenlisted in the Regular Air Force on 29 April 2004, rather than 30 April 2004, for a period of five (5) years and two (2) months, with entitlement to a Zone B, multiple 1.5, Selective Reenlistment Bonus.