RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03878 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment contract executed on 31 July 2007 with a Zone A, multiple 5.0 Selective Reenlistment Bonus (SRB) be honored. _________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force admitted to making a mistake on his reenlistment contract; they reflected an SRB multiplier of 5.0 in Section III, Item D, of his Air Force IMT 901, Reenlistment Eligibility Annex to DD Form 4. On 1 September 2011, over four years after his contract was signed and approved, he was notified by his Support Squadron Reenlistments office that his contract was in error and that it was changed to reflect an SRB multiplier of 4.5 rather than 5.0. He was asked to initial next to the change; however, he refused because he feels it is both illegal and immoral to change a signed and approved contract without his consent. The SRB 5.0 multiplier weighed greatly on his decision to reenlist. By changing the SRB multiplier, it has caused the Air Force to create a debt for bonus overpayment of approximately $5,000. The mistake was not due to his error, or to his knowledge. To alter his contract without his consent is a breach of contract, setting a grave precedent against all enlisted members serving in the Air Force. In support of his appeal, the applicant provides a personal statement, and copies of his DD Form 4, Enlistment/Reenlistment Document; AF IMT 901; several letters of support from his commander, former group commander, flight commander, etc.; electronic communications; Reenlistments Section Case Form; and a personnel data brief. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of staff sergeant (E-5). On 31 July 2007, he reenlisted for a period of five years and nine months of obligated service with entitlement to a Zone A, multiple 5.0 SRB. In 2011, his reenlistment contract was corrected to reflect an SRB multiple of 4.5 rather than 5.0 in accordance with current Air Force policy and directives resulting in recoupment of the SRB overpayment. The remaining relevant facts, extracted from the applicant’s master personnel records, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA states that the fact the wrong multiplier was listed on his original contract does not entitle him to overpayment of the SRB. The applicant states financial hardship will occur if he is forced to pay back the SRB overpayment, but does not identify whether he has applied for relief through the Defense Finance and Accounting Service (DFAS) based on a financial hardship occurring. The complete DPSOA evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: After he was advised by his reenlistment section that his contract had been changed and that he was incurring a debt, he was advised by his finance office that the first step in correcting this situation was to submit an application to the AFBCMR. He has included a copy of another applicant’s AFBCMR case that is similar to his situation, which was approved by the Board. He thanks the Board for its time and consideration in this matter and humbly asks the Board to rule in his favor. The applicant’s complete rebuttal, with attachments, is at Exhibit D. _________________________________________________________________ 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 error or injustice. Based on the evidence of record, it appears the applicant was miscounseled by MPF representatives and that his reenlistment contract erroneously indicated he would be entitled to an SRB based on five years and nine months of obligated service, with a Zone A, multiple 5.0 SRB. In our view, the applicant contracted his reenlistment in the Air Force in good faith and the error in this case appears to have been through no fault of his own. We note the recommendation and rationale provided by the Air Force office of primary responsibility; however, given the circumstances of this case, we believe it to be in the interest of equity and justice to honor the contract as written. Accordingly, we recommend his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that show that at the time of his reenlistment in the Regular Air Force on 31 July 2007, for a period of five (5) years and nine (9) months, competent authority approved his entitlement to a Zone A, Multiple 5.0, Selective Reenlistment Bonus as an exception to policy. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03878 in Executive Session on 26 April 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2011- 03878 was considered: Exhibit A. DD Form 149, dated 26 Sep 11, w/atchs. Exhibit B. Letter, AFPC/DPSOA, dated 9 Nov 11. Exhibit C. Letter, SAF/MRBR, dated 18 Nov 11. Exhibit D. Letter, Applicant, dated 12 Dec 11, w/atchs.