RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-03855

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His reenlistment contract executed on 2 Feb 16 for a reenlistment with a Zone B, Multiple 4 Selective Reenlistment Bonus (SRB) be honored, in full, by the Air Force.

APPLICANT CONTENDS THAT:

In Jan 2016, he was informed by representatives at 2d Force Support Squadron (2 FSS), Barksdale Air Force Base, that he was eligible for a Zone B, Multiple 4 Selective Reenlistment Bonus (SRB) for his reenlistment of six years.  The Reenlistments section completed the AF Form 901, Reenlistment Eligibility Annex to DD Form 4, with Zone B, Multiple 4 SRB, and it, and all other applicable forms and annexes, were signed by him and all required approving officials during the period 2-8 Feb 16.  He signed the DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, on 8 Feb 16, finalizing his reenlistment.

On 24 May 16, he was contacted by a 2 FSS representative directing him to correct his reenlistment contract to reflect Zone A, Multiple 2.  The representative informed him there was a system error that placed individuals with 5 years and 11 months into Zone B instead of Zone A.  The system error was fixed and all members affected by this error had their payments put on hold.

He attempted to correct the issue through his command chain and Air Force Personnel Center (AFPC), via the Case Management System.  He provided a Memorandum for Record from the Noncommissioned Officer in Charge, 2 FSS Reenlistments, detailing the error in guidance provided to the applicant, as supporting documentation.

On 7 Jul 16, he was advised he would have to correct his executed reenlistment contract to reflect Zone A, Multiple 2 SRB, or go through the Air Force Board for Correction of Military Records (AFBCMR) process, or separate under the provisions of Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, Section 3A, paragraph 3.11..

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

STATEMENT OF FACTS:

On 2 Mar 10, the applicant initially entered the Regular Air Force.

On 8 Feb 16, the applicant reenlisted in the Regular Air Force for a period of six years.

The applicant is currently serving on active duty with the Regular Air Force.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial, indicating there is no evidence of error or injustice.

On 8 Feb 16, the applicant executed a valid reenlistment for six years.  However, the reenlistment reflected an erroneous entitlement to a Zone B Multiple 4.0 SRB as the applicant was in his Zone A SRB window on that date.  His Zone A SRB window was from 2 Aug 11 through 1 Mar 16, and his Zone B window was from 2 Mar 16 through 1 Mar 20.

DP2SSM is not contesting the applicant was miscounseled; however, he was not authorized a Zone B SRB on or before his 8 Feb 16 reenlistment, and the miscounseling did not affect his authorized SRB entitlement.  To be eligible for a Zone B SRB, the applicant would have had to reenlist on 2 Mar 16.  The applicant had no other date possible to reenlist with a Zone B SRB as his Date of Separation was 1 Mar 16 at that time.

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterated his position that at the time of his reenlistment he was considering multiple options including separating and pursuing a commission, extending through his pending deployment, or reenlisting.  He made the final decision to reenlist because he was promised a Zone B SRB and chose a six year term because of the financial benefits of a longer reenlistment.

In an effort to resolve this issue in a way that is reasonable and mutually beneficial for the Air Force and him, he is willing to accept the Zone A SRB for his 8 Feb 16 reenlistment, with the condition the reenlistment term be changed from six years to four years.  Had he been correctly informed of his eligibility for a Zone A SRB only, he would not have reenlisted for six years.  If this compromise is not possible, he requests the Air Force honor his original reenlistment contract with a Zone B SRB.

A complete copy of the Applicant’s Rebuttal is at Exhibit E.

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.  The applicant contends he was miscounseled regarding his SRB and should be paid a Zone B, Multiple 4.0 or if this is not possible his Zone A, Multiple 2 SRB be reduced from six years to four years; however, we disagree.  We do not dispute the applicant was miscounseled by MPS personnel.  While this is unfortunate, we do not find the miscounseling resulted in the applicant being denied a SRB he was entitled to receive.  Granting him an SRB he is not entitled to receive would not be in the interest of justice and would result in him receiving a windfall denied to other similarly situated airmen. In view of the above, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or 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.

The following members of the Board considered AFBCMR Docket Number BC-2016-03855 in Executive Session on 13 Feb 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03855 was considered:

	Exhibit A.  DD Form 149, dated 13 Aug 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 3 Jan 16.
	Exhibit D.  Letter, AFBCMR, dated 24 Aug 17, w/atch.
	Exhibit E.  Letter, Applicant Rebuttal, dated 28 Sep 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-03855, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.