RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-02572 

   						COUNSEL:  

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive a Zone C multiple 3.0 Selective Reenlistment Bonus (SRB) in Air Force Specialty Code (AFSC) 2F071, in conjunction with his 8 Mar 17 reenlistment for five years and eight months.  

APPLICANT CONTENDS THAT:

He began the reenlistment process a week prior to Personnel Service Delivery Memorandum (PSDM) 17-12 being released, which states “All increases, additions, and deletions are effective 23 February 2017.”  He was told once he signed up for the reenlistment briefing he was locked into receiving the bonus, so he signed up for the 22 Feb briefing.  At the 22 Feb reenlistment briefing he was told once the AF Form 901, Reenlistment Eligibility Annex to DD Form 4, was signed, he would receive the bonus.  On 23 Feb 17, his AFSC was removed from the bonus-eligible AFSC list.  He should have been given a 30-day grace period from 23 Feb 17 to reenlist with an SRB.  DoDI 1304.29, Administration of Enlistment Bonuses, Accession Bonuses for New Officers in Critical Skills, Selective Reenlistment Bonuses, and Critical Skills Retention Bonuses for Active Members; AFI 36-2606, Reenlistment in the USAF; and DoD FMR 7000.14-R Volume 7A, Department of Defense Financial Management Policy and Procedures, all indicate termination of an SRB must be promulgated to the field at least 30 days in advance.  He would like an exception to PSDM 17-12, which removed his AFSC (2F071) from the list of eligible AFSCs, so he can receive this bonus.  

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

STATEMENT OF FACTS:

The applicant serves in the Regular Air Force grade of Technical Sergeant (TSgt).

On 22 Feb 17, applicant signed an AF Form 901 (Reenlistment Eligibility Annex to DD Form 4) requesting authorization to reenlist on 8 Mar 17 for five years and eight months with entitlement to Zone C multiple 3.0 SRB.  
On 23 Feb 17, the MPS Section Chief for Career Development office authenticated the AF Form 901 stating “The above individual is honorably discharged from the United States Air Force effective 7 Mar 17 for the sole purpose of immediate reenlistment on 8 Mar 17.” 

Effective 23 Feb 17, via PSDM 17-12, the applicant’s AFSC was removed as an AFSC which is eligible for an SRB.

On 8 Mar 17, the applicant reenlisted for a period of five years and eight months.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and E.  

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial, indicating there is no evidence of an error or an injustice.  The applicant contends the Air Force had to give a 30-day grace period for SRB changes.  However, all of applicant’s references are old SRB guidance which were superseded by DoDI 1304.31, Enlisted Bonus Program, dated 12 Mar 13, with a transition date of 30 Sep 13.  In addition, the applicant cited AFI 2606, dated 9 May 11, which was based on prior DoDI guidance and did not apply.  

On 22 Feb 17, AFSC 2F071 was on the SRB list, dated 1 Feb 16, with a Zone C multiple 3.0 SRB authorized for eligible Airmen.  On 23 Feb 17, a new SRB list was announced and was effective immediately with no grace period, and AFSC 2F071 was no longer eligible for a bonus.  

On 22 Feb 2017, applicant signed an AF Form 901 (Reenlistment Eligibility Annex to DD Form 4) requesting authorization to reenlist on 8 Mar 17 for five years and eight months with entitlement to a Zone C multiple 3.0 SRB.  Per the applicant’s statement in his application, he went into the MPS (military personnel section) for clarification on 23 Feb 17 and was correctly briefed.  The applicant’s commander signed the AF Form 901 on 23 Feb 17 approving the applicant’s request to reenlist on 8 Mar 17.  However, commanders only authorize reenlistments, they do not approve entitlement to a SRB.  

The applicant did reenlist on 8 Mar 17 for 5 years and 8 months, but on the date of his reenlistment he was not entitled to a 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 evaluations was forwarded to the applicant on 29 Dec 17 for review and comment within 30 days (Exhibit D).  As 
of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

AF/A1 recommends denial, indicating there is no evidence of an error or an injustice.  Under the legacy Selective Reenlistment Bonus Program (governed by DoDI 1304.29), Services were required to provide a 30-day advance notice in the event a bonus was reduced or eliminated (DoDI 1304.29, E1.1.6).  The same provision is not present in DoDI 1304.31 and does not apply to the Selective Retention Bonus Program.

On 27 Nov 13, the Air Force announced the FY14 Selective Reenlistment Bonus List and Policy Update.  On the same date, the Air Force Personnel Center implemented the program via a message to the field indicating Selective Reenlistment Bonus Program changes were being made in accordance with the recently published DoDI 1304.31.  One change specifically highlighted was elimination of the 30-day advance notice requirement in the event of reductions to or eliminations of any bonus.  The Air Force has utilized the Selective Retention Bonus Program in accordance with DoDI 1304.31 as a force management tool since 5 Dec 13, and has not offered the 30-day “grace period” since the 2013 program.

Two considerations make the situation somewhat ambiguous for people who received Selective Retention Bonuses in FY17.  First, PSDM 17-12, published 23 Feb 17, incorrectly has “Selective Reenlistment Program” in its title.  Second, AFI 36-2606, Reenlistment and Extension of Enlistment in the United States Air Force, had not been updated and contained the requirement for 30-day notice when PSDM 17-12 was published.  

Though the title of PSDM 17-12 referenced “Selective Reenlistment Bonus,” its contents define a reenlistment bonus program in accordance with DoDI 1304.31. Not only was language regarding a 30-day “grace period” purposefully excluded, but also the eligibility and service requirements in the PSDM differ starkly from the Selective Reenlistment Bonus criteria outlined by DoDI 1304.29, clearly indicating a different program.

The Board deny requests to add an SRB to any enlistment retroactively when the rationale includes lack of advance notice prior to decreasing or terminating a selective retention bonus.

A complete copy of the AF/A1 evaluation, with attachments, is at Exhibit E.

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the additional Air Force evaluation to the applicant on 24 Jan 18 for comment (Exhibit F), and the applicant replied on 26 Mar 18.  In his response, the applicant contends the AF/A1 advisory, dated 22 Jan 18, states the grace period has not been offered since 2013. However, the FY18 SRB announcement did re-implement the 30 day grace period.  A grace period of two weeks was also offered in FY16.  DOD FMR 7000.14-R Volume 7A, Chapter 9 also states, "When a military specialty is designated for reduction or termination of an award, the effective date for reduction or termination of an award must be established and promulgated to the field at least 30 days in advance.  Except as provided in subparagraph 090307.B, all awards on and after the effective date of the military specialty designated for reduction of an award will be at a reduced level, and no new awards will be made on or after the effective date in a military specialty designated for termination of award."  Updated May 2017.  This appears to apply to all bonuses or awards.  It also defines an SRB as "Selective Retention Bonus," and the memo states the DODI for Retention Bonuses excludes the requirement for the 30 day notification.  The applicant’s complete response is at Exhibit G.

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 note AFPC/DP2SSM and AF/A1 recommends denial.  However, after a thorough review of the evidence of record and noting the ambiguous guidance, we believe the applicant made his decision to reenlist with the intent of receiving the bonus in good faith based upon the guidance he received from the MPS.  Accordingly, it is our opinion the applicant has provided sufficient evidence he was not properly counseled.  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 8 Mar 2017, reenlistment for 5 years and 8 months be declared void and removed from his records.  

	b. On 22 February 2017, he reenlisted for 5 years and 8 months with entitlement to a Zone C multiple 3.0 SRB in the 2F071 AFSC for 5 years of continued service.

The following members of the Board considered AFBCMR Docket Number BC-2017-02572 in Executive Session on 21 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

The Board voted to correct the record as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Jun 17, w/atch(s).
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 13 Dec 17.
	Exhibit D.  Letter, AFBCMR, dated 29 Dec 17.
	Exhibit E.  Memorandum, AF/A1, dated 22 Jan 18, w/atchs.  
	Exhibit F.  Letter, AFBCMR, dated 24 Jan 18. 
	Exhibit G.  Letter, Applicant Rebuttal, dated 26 Mar 18.  

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, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.