RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03744
		INDEX CODE:  128.05

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive a constructive reenlistment effective 1 March 2004 for 4 years and 13 months and that he be authorized a Zone B, multiple 2.0, Selective Reenlistment Bonus (SRB) for four years.

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APPLICANT CONTENDS THAT:

Upon graduation (retraining program) in February 2004, he was not informed or made aware that he had to reenlist 30 days after graduation to receive his SRB.  He was also still under his 10 year mark, but was not aware that if he went past 10 years in the military he would be in a Zone C and not able to receive a bonus.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 April 1994 in the grade of airman.  He continued to reenlist contracting his last enlistment on 14 March 2005 in the grade of staff sergeant for a period of four years with a date of separation (DOS) of 13 April 2009.

On 23 May 2003, the applicant was approved for retraining into Air Force Specialty Code (AFSC) 3P031A - Security Apprentice and graduated from this class on 20 February 2004.

On 30 September 2003, the applicant requested an extension of five months to his 15 November 1999 enlistment to qualify for retraining.

On 21 October 2003, the applicant’s request for an extension was approved giving him a DOS of 14 April 2005.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial indicating the applicant was approved for retraining into AFSC 3P031A on 23 May 2003 and graduated from this class on 20 February 2004.  IAW AFI 36-2606 (Reenlistment in the United States Air Force and AFI 36-2606 (Airman Retraining Program, Attachment 8, paragraph A8.7), the applicant had to reenlist within 30 days of the class graduation date to receive the SRB which was in effect as of his class approval date.  On 5 March 2004, the Air Staff changed policy and all airmen had to be within three months of their expiration of term of service (ETS) to be eligible to reenlist.  As the applicant had not reenlisted prior to 4 March 2004, the applicant is not eligible to reenlist until after 15 August 2005.  In order for the applicant to be eligible to receive a Zone B SRB, he had to reenlist prior to reaching his 10-year point.  The applicant’s 10-year point was 4 April 2004.  As the applicant had not reenlisted prior to 5 March 2004 when the Air Staff policy changed, he was therefore not eligible to reenlist prior to 4 April 2004 and receive a Zone B SRB.  The applicant is responsible for being aware of his own career progression.  He would have been told upon approval for retraining that he had to reenlist within 30 days and he should have been aware when he was eligible for a Zone B SRB.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 December 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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REVISED AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial indicating the applicant was approved for retraining into AFSC 3P031A on 23 May 2003 and graduated from this class on 20 February 2004.  IAW AFI 36-2606 (Reenlistment in the United States Air Force) and AFI 36-2606 (Airman Retraining Program, attachment 8, paragraph A8.7), the applicant had to reenlist within 30 days of the class graduation date (20 March 2004) to receive the SRB which was in effect as of his class approval date.

On 5 March 2004, the Air Staff changed policy and all airmen had to be within three months of their ETS to be eligible to reenlist.  As the applicant had not reenlisted prior to 4 March 2004, the applicant was not eligible to reenlist until January 2005.

In order for the applicant to be eligible to receive a Zone B SRB, he had to reenlist prior to reaching his 10-year point.  The applicant’s 10-year point was 4 April 2004.  As the applicant had not reenlisted prior to 5 March 2004 when the Air Staff policy changed, he was therefore not eligible to reenlist prior to 4 April 2004 and receive a Zone B SRB.

The applicant is responsible for being aware of his own career progression.  He would have been told upon approval for retraining that he had to reenlist within 30 days and he should have been aware when he was eligible for a Zone B SRB.

The evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 February 2005, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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ADDITIONAL AIR FORCE EVALUATION:

HQ USAF/JAA reviewed a similar application and provided an advisory which indicates in accordance with AFI 36-2606, Reenlistment in the United States Air Force, to be eligible to receive an SRB that was in effect as of the date the applicant was approved for retraining, the applicant was required to reenlist within 30 days of his class graduation date.  However, on 5 March 2004, the Secretary of the Air Force (SAF) changed the policy to permit reenlistment only if an Airman was within three months of his or her ETS.  The SRB program is established by 37 USC 308.  No service member is entitled to receipt of the bonus.  Section 308 states that the Secretary concerned may pay a bonus to a member of a uniformed service who…is qualified in a military skill designated as critical by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy…and who reenlists or voluntarily extends the member’s enlistment for a period of at least three years in a regular component of the service concerned.  The statute makes clear that a Service Secretary may establish rules and procedures to implement an SRB program.  The Secretary has the legal authority to determine eligibility periods for reenlistment.  Therefore, they recommend the Board deny the petition.

The evaluation is at Exhibit G.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 27 April 2005, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit H).  As of this date, no response has been received by this office.

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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 error or an injustice.  The applicant’s contentions are duly noted; however, we are not persuaded the applicant is entitled to receive the bonus in question.  While the applicant may be the victim of unfortunate timing, it does not appear that an error or injustice occurred, and it does not appear that he is being treated differently than similarly situated individuals.  Therefore, we agree with the comments and recommendation of the Office of Primary Responsibility (OPR).  In view of the above determination, we do not recommend favorable action on this application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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-2004-03744 in Executive Session on 29 June 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 November 2004, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 14 December 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 17 December 2004.
   Exhibit E.  Letter, AFPC/DPPAE, dated 11 February 2005.
   Exhibit F.  Letter, AFBCMR, dated 15 February 2005.
   Exhibit G.  Letter, USAF/JAA, dated 21 April 2005.
   Exhibit H.  Letter, AFBCMR, dated 27 April 2005.