RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02529
						  (Case 2)
		INDEX CODE:  121.00, 128.05,
					 111.02, 107.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  17 FEB 2006

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APPLICANT REQUESTS:

Further relief due to the Board’s approval of his initial appeal for reinstatement to active duty.

1.  Restoration of 30 days of leave.

2.  Award of a Selective Reenlistment Bonus (SRB), Zone B, multiple 1.0, for six years, due to his 29 November 1997 reinstatement to active duty.

3.  Award of the Air Force Longevity Service Award (AFLSA) and the Air Force Good Conduct Medal (AFGCM).

4.  Copies of his Enlisted Performance Reports (EPRs), rendered for the periods 23 February 1990 through 22 October 1991 and 23 October 1991 through 29 December 1992.

The applicant’s request to have his record corrected by inserting an Air Force Form 77 (Supplemental Evaluation Sheet), covering the period 30 December 1996 through 9 December 2002, has been administratively corrected.  Hence, no Board action is required on this portion of the applicant’s request.
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APPLICANT CONTENDS THAT:

Due to the delay in receiving his orders reinstating him to active duty, he should have the cited leave restored.  When the Board recommended approval to reinstate his reenlistment, his corresponding SRB was not authorized.  He is unclear on his entitlement to the cited decorations for the period of correction.  The EPR copies he received during separation were incorrectly photocopied, which leaves doubt of their authenticity.

In support of his request, the applicant submits a personal statement and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 23 February 1990.  He is currently serving on active duty in the grade of master sergeant (E-7), with an effective date and date of rank of 1 May 2004.

On 28 November 1997, the applicant was honorably discharged in the grade of staff sergeant (E-5) under the provisions of AFI 36-3208 (completion of required active service) and transferred to the PA Air National Guard (ANG).  In 1999, he was found disqualified for military service/enlistment in the PA ANG.

On 20 March 2002, the AFBCMR considered and recommended approval of applicant's request for reinstatement to active duty.  The Director, Air Force Review Boards Agency, directed applicant’s reinstatement as indicated on the Directive.  For an accounting of the facts and circumstances surrounding the applicant’s initial separation, and, the rationale of the earlier decision by the Board, see the Record of Proceedings and the Directive, Docket Number 99‑03348, at Exhibit B.

Special Order AJ-67, dated 21 November 2002, reveals the applicant was reinstated to active duty in the grade of staff sergeant (E-5) with a report not later than date (RNLTD) of 10 December 2002.  His date of enlistment (DOE) was 29 November 1997 for a period of six years, his E-5 date of rank (DOR) was 1 August 1994 and his date of separation (DOS) was 28 November 2003.

On 2 July 2003, the applicant reenlisted in the grade E-5 for a period of four years.  He had completed a total of 13 years, 4 months and 12 days of active military service at the time of his reenlistment.  The applicant was promoted to the grade of E-7, with an effective date and date of rank of 1 May 2004.

Information extracted from applicant’s records reveals he was notified by HQ AFPC/DPPPR on 5 November 2004 to contact his local Military Personnel Flight (MPF) concerning his entitlement for award of the AFGCM and AFLSA (refer to Exhibit B).
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AIR FORCE EVALUATIONS:

HQ AFPC/DPF recommends the applicant’s request for leave restoration be partially approved.  DPF states the applicant lost 25.5 days of leave at the end of FY00, 30 days of leave at the end of FY01 and 30 days of leave at the end of FY02 for a total of 85.5 days of leave lost.  He never sold leave during his military career.  DFAS-DE indicated they restored 60 days of leave to the applicant’s pay file.  DPF recommends 25.5 days of leave be added to the applicant’s pay file and he be compensated for the additional 50 days of leave lost.  The HQ AFPC/DPF evaluation is at Exhibit C.

HQ AFPC/DPPAE recommends the applicant’s request for a Selective Reenlistment Bonus (SRB) be approved.  DPPAE states that upon the date of the applicant’s reinstatement, his Air Force Specialty Code (AFSC) was authorized a Zone B, multiple 1, SRB.  DPPAE recommends the applicant be authorized an SRB entitlement of Zone B, multiple 1.0, for six years of continued service.  The HQ AFPC/DPPAE evaluation is at Exhibit D.

HQ AFPC/DPPPE states the applicant’s request for an AF Form 77, covering the period 30 December 1996 through 9 December 2002, to be inserted in his records has already been completed.  The HQ AFPC/DPPPE evaluation is at Exhibit E.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on 19 November 2004 for review and response.  As of this date, no response has been received by this office (Exhibit F).
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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 some relief is warranted.  In this respect, we are in agreement with the opinions and recommendations of the respective Air Force offices that the evidence supports award of the requested Selective Reenlistment Bonus (SRB) and the appropriate leave listed below.  As to the requested awards and copies of Enlisted Performance Reports (EPRs), we note the applicant was notified by HQ AFPC/DPPPR on 5 November 2004 that his request for award of the AFGCM and AFLSA could be resolved locally at his local Military Personnel Flight (MPF).  It is our opinion that, since applicant’s local MPF has custody of his military records and all updated documents, he should pursue his entitlement for the cited awards as well as copies of the requested EPRs through their office.  We noted that the portion of the applicant’s request to insert an AF Form 77 in his record has been administratively corrected; therefore, no Board action is required.  In view of the foregoing, we recommend the applicant’s records be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.
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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.  Twenty-five and one-half (25.5) days of leave were added to his leave account commencing 2 October 2004 and he was authorized to receive cash settlement for sixty (60) days of unused accrued leave.

	b.  At the time of his reenlistment on 29 November 1997, he was entitled to a Zone B, Multiple 1.0 Selective Reenlistment Bonus (SRB).
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The following members of the Board considered this application in Executive Session on 19 April 2005, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-02529.

   Exhibit A.  DD Form 149, dated 9 Aug 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPF, dated 17 Sep 04, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 27 Sep 04.
   Exhibit E.  Letter, HQ AFPC/DPPPE, dated 2 Nov 04, w/atchs.
   Exhibit F.  Letter, SAF/MRBR, dated 19 Nov 04.

AFBCMR BC-2004-02529

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.  Twenty-five and one-half (25.5) days of leave were added to his leave account commencing 2 October 2004 and he was authorized to receive cash settlement for sixty (60) days of unused accrued leave.

	b.  At the time of his reenlistment on 29 November 1997, he was entitled to a Zone B, Multiple 1.0 Selective Reenlistment Bonus (SRB).