RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01117
		
			COUNSEL:  NONE

			HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His records be corrected to reflect that he reenlisted on 
7 Apr 11, instead of 7 Aug 11, while deployed to Iraq.


APPLICANT CONTENDS THAT:

He was miscounseled on his eligibility to reenlist while 
deployed.  Had he reenlisted while deployed, his re-enlistment 
bonus would have been tax free.

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


STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in 
the grade of master sergeant (E-7).  

On 6 May 10, the applicant entered an enlistment extension for 
the purpose of securing the retainability required to transfer 
his Post 9/11 GI Bill  benefits to his dependents, which 
established his expiration term of service (ETS) as 13 Jun 14.  

On 14 Jan 11, the applicant deployed to the Area of 
Responsibility and returned on 10 Jun 11.

On 7 Aug 11, the applicant re-enlisted for a period of six 
years.

On 24 Jun 12, the applicant signed AF IMT 4021, Application for 
Incentive Participation, with a date of enlistment of 7 Aug 11 
as well as a written agreement of a six-year re-enlistment 
bonus.

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

AIR FORCE EVALUATION:

AFRC/A1K recommends approval, indicating there is evidence of an 
error or injustice.  Prior to departing for his deployment in 
Jan 2011, the applicant was on the extension which provided 
sufficient retainability for his deployment.  However, since the 
applicant was on an extension, in accordance with Air Force 
Instruction 36-2612, Reenlistment and Retention Program, he 
could have terminated the extension for the purpose of 
reenlisting.  The applicant also had a qualifying Duty Air Force 
Specialty Code (DAFSC) which rendered him eligible to receive an 
incentive.

After careful review of the documentation regarding the 
applicant’s enlistment, and noting the absence of documentation, 
to include a corrected AF Form 1411, it is likely the applicant 
was miscounseled regarding his eligibility to reenlist while he 
was deployed.  He should have been able to reenlist and receive 
a tax free reenlistment bonus at his deployed location.
 
A complete copy of the AFRC/A1K 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 28 Jul 14 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 error or injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case and agree with the opinion and recommendation 
of the Air Force office of primary responsibility (OPR) and 
adopt its rationale as the basis for our conclusion the 
applicant has been the victim of an error or injustice.  
Therefore, we recommend the applicant's Air Force records be 
corrected as indicated below.  Whether the applicant is 
ultimately successful in correcting his federal tax records to 
reflect that his reenlistment bonus is exempt from federal taxes 
is a matter between the applicant and the Internal Revenue 
Service.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to reflect that on 
7 April 2011, while deployed to Iraq, he re-enlisted for a 
period of six years, establishing his expiration term of service 
(ETS) as 6 April 2017.  


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01117 in Executive Session on 28 Jan 15, under 
the provisions of AFI 36-2603:

	

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 Aug 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1K, dated 23 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 14.