RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-00107 

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His record be changed to reflect he reenlisted with a Zone C multiple 3.0 Selective Reenlistment Bonus (SRB).  

APPLICANT CONTENDS THAT:

He was miscounseled by Military Personnel Flight (MPF) personnel.  Due to the erroneous information, he was late to reenlist which resulted in him missing the deadline for being eligible for an SRB.
 
He completed a DEROS Election Option RIP confirming he wished to 
keep his original DEROS of Feb 2017. There was verbiage on this RIP which stated failure to obtain retainability prior to the 25th day of the of the month prior to the DEROS will result in involuntary extension of your DEROS to your Date of Separation (DOS) and possible separation.  He understood this to mean that he needed to reenlist by the 25th day of the month on station, which would have been 25 Sep 16.  Daegu AB does not have an MPF office and Osan AB is 4 hours away.  The MPF advised him he could reenlist anytime between 21 Jul 16 and 25 Sep 16 to receive both the SRB and the required retainability for an assignment.  

On 2 Sep 16 he was informed he was no longer eligible for the SRB as he now had 14 years of service and was 19 days past the deadline.  Additionally, his DEROS was extended to 21 Jul 17 (instead of Feb 17) to align with his DOS. If he had any notion that this would be the outcome, he would have definitely reenlisted in July, as he now stands to lose 61,000 dollars.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 13 Aug 02.

On 4 Feb 16, the applicant was assigned to the 607th Material Maintenance Squadron, Daegu Air Base, Republic of Korea.  

On 8 Apr 16, the applicant signed his DEROS option rip, initialing item 3E, indicating he wanted to maintain his original DEROS.  Additionally, he initialed the 5th paragraph on page 2, certifying he reviewed his records for retainability and understands the 12 month requirement for PCS.  Failure to obtain retainability prior to the 25th day of the 8th month prior to the DEROS will result in involuntary extension of his DEROS to his DOS and possible separation.  

On 13 Sep 16, the applicant signed his AF Form 1411, Extension or Cancelation of Extensions of Enlistment in the Regular Air Force (REGAF) Air Force Reserve (AF Reserve)/Air National Guard (ANG), extending his current enlistment to 21 Jul 18.  It was approved on 19 Sep 16.  

AFI 36-2606, Reenlistment In The United States Air Force, paragraph 4.7, Zone C Eligibility, states an Airman must have completed at least 10 years but no more than 14 years Total Active Federal Military Service (TAFMS). (Exhibit MISC)

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 an error or an injustice.  The applicant arrived at Daegu AB, Korea in Feb 16 on a short tour (12 months) establishing a DEROS of Feb 17.  He received his DEROS option rip in Apr 16 (approximately 10 months before his DEROS, which is the normal for short tour locations).  The applicant selected to maintain his current DEROS of Feb 17.  The applicant initialed the DEROS option rip statement “I certify I have reviewed my records for retainability and understand the 12 month requirement for PCS” and signed the rip on 8 Apr 16.  In accordance with the “Service Retainability Requirements” handout provided with the Airman’s DEROS option rip, by initialing the “DEROS option statement, he acknowledged that he understood the 12 month PCS requirement; meaning his DEROS was Feb 2017 and his Date of Separation (DOS) was 21 Jul 2017, requiring him to obtain 8 months of retainability by 8 May 16 to receive PCS consideration.

The applicant contends he misunderstood when he had to obtain the required retainability (thought it to be the 25th day of the 8th month on station, not the 25th day of the 8th month from his DEROS); but he clearly initialed and signed the rip stating he did understand.  The applicant’s zone C SRB window (completed at least 10 years but no more than 14 years of TAFMS) was 13 Aug 12 through 12 Aug 16.  Since his reenlistment was submitted on 13 Sep 16 and approved 19 Sep 16, he was beyond the 14 years of TAFMS deadline for the SRB.  Although he states he received bad information, resulting in him missing his deadline for the zone C SRB, he has provided no proof to support his claims. 

It is not known why the applicant did not get the required retainability when required (for example he was not sure if he wanted to stay in, or he was trying to manipulate the situation to receive the SRB for more years than authorized), but it is clear applicant has not provided any proof of his contentions. 

If the Board’s decision is to grant relief, the Board should direct applicant’s record be corrected to reflect his 12 month extension (dated 19 Sep 2016) be declared void and removed from his records.  That applicant reenlisted on 8 May 2016 for 4 years and 14 months with entitlement to a zone C multiple 3.0 SRB.   

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Dec 17 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an injustice.   We note AFPC/DP2SSM recommends denial due to lack of evidence he was miscounseled by MPF personnel.  However, after a thorough review of the evidence of record and the applicant’s complete submission, we believe corrective action is warranted.  In this respect, we note the applicant provides a detailed synopsis of his attempts to ensure he took the appropriate actions to reenlist in a timely manner so he would retain his original DEROS and receive the Zone C multiple 3.0 SRB. Giving the circumstances in this case and noting the applicant’s duty station did not have a local MPF, it is our opinion, the applicant more likely than not was miscounseled regarding when he had to obtain the required retainability requirements in order to receive the SRB.  As pointed out by the OPR, it is not known why the applicant did not get the required retainability when required and we do not find it reasonable to believe he would knowingly forego his rights to the SRB entitlement if he clearly understood the retainability requirements.  
Therefore, we recommend the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a.	His 12 month extension (dated 19 September 2016) be declared 
void and removed from his records.

b.	On 8 May 2016, he reenlisted for 4 years and 14 months with entitlement to a Zone C multiple 3.0 SRB.

The following members of the Board considered AFBCMR Docket Number BC-2017-00107 in Executive Session on 12 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-00107 was considered:

	Exhibit A.  DD Form 149, dated 17 Oct 16, w/atch(s).
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 23 Oct 17.
	Exhibit D.  Letter, AFBCMR, dated 6 Dec 17.
	
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.