RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-02716

   						COUNSEL:  NONE

HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He receive a Zone A multiple 2.0 Selective Reenlistment Bonus (SRB) for Air Force Specialty Code (AFSC) 2W051 in conjunction with his 8 Mar 17 reenlistment. 

APPLICANT CONTENDS THAT:

AFI 36-2606, Reenlistment and Extension of Enlistment in the United States Air Force, paragraph 4.2.2.2 states “The effective date of decreases and deletions is at least 30 days from the announcement date.”  He has yet to see any guidance which overrules the AFI.  His contract stated he was to receive his SRB on 24 Feb 17.  However, AFSC 2W051 was removed from the authorized SRB list effective 23 Feb 17, without the 30-day grace period.  

In support of his request, the applicant provides an undated letter from the Wing Career Assistance Advisor (CAA) stating the applicant attended the Informed Decision Seminar and asked about reenlisting and the SRB program.  The CAA states the applicant sought out further guidance after the Seminar and he advised the applicant that per AFI 36-2606, he would have at least 30 days' notice of any SRB change and had time to decide on his reenlistment date.  Because of this guidance and his research into the AFI the applicant held off on reenlisting for a couple of weeks. Subsequently the applicant was denied an SRB due to PSDM 17-12 which contradicted the guidance in the AFI. The CAA states the PSDMs contradiction to the AFI severely impacted his ability to accurately advise airmen on issues that could impact their careers as in this case.

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 (SSgt).

AFI 36-2606, Personnel, Reenlistment and Extension of Enlistment in the United States Air Force dated 9 May 2011 states in part that the effective date of decreases and deletions is at least 30 days from the announcement date.”

On 13 Feb 17, the applicant signed an AF Form 901, Reenlistment Eligibility Annex to DD Form 4, requesting authorization to reenlist on 24 Feb 17 to qualify for entitlement to the Zone A multiple 2.0 SRB.

Effective 23 Feb 17, via Personnel Services Delivery Memorandum (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.

AFI 36-2606, dated 27 Jul 17, states in part that AF/A1 announces SRB changes (increases, decreases, additions and deletions). The effective date of any changes will be outlined in the releasing message/PSDG.

AFI 36-2624, Personnel, state in part that the Career Assistance Advisor aides the Force Support Squadron by assisting in the dissemination of personnel programs and new guidance to the base populace.  CAAs must familiarize themselves with current information on retention, entitlements, benefits, and other issues of importance at critical decision points. They assists supervisors in counseling enlisted personnel on reenlistment and retraining opportunities, and benefits/entitlements.

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 Exhibit 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 has to give a 30-day grace period for SRB changes per AFI 36-2606, but his reference is based on prior DoDI guidance and does not apply.  AF/A1P announced SRB changes in accordance with current DoDI guidance.  The old SRB guidance was superseded by DoDI 1304.31 dated 12 Mar 13, with a transition date of 30 Sep 13.  

The applicant also cited AFI 36-2606, paragraph 4.2.2.2 which states “The Effective date of decreases and deletions is at least 30 days from the announcement date”.  This reference was based on prior DoDI guidance and did not apply as per paragraph 4.2.2 AF/A1P announces SRB changes and did so in accordance with current DoDI guidance.  A new AFI 36-2606 had been in coordination since early 2016 which removed this requirement; the new AFI 36-2606 was released in 27 Jul 17.

On 23 Feb 17, a new SRB list was announced and was effective immediately with no grace period.  The 23 Feb 17 SRB list was effective immediately and removed the applicant’s AFSC (2W051) from the list..  Therefore, effective 23 Feb 17 the applicant’s AFSC was no longer eligible to receive an SRB.

Recommend the Board deny the applicant’s request to add a zone C SRB to his 8 Mar 17 reenlistment as there was no SRB entitlement for his AFSC on that date.  

If the Board’s decision is to grant relief, the Board should direct the applicant’s 8 Mar 17 reenlistment for 5 years and 8 months be declared void and removed from his records and his record be updated to reflect a 22 Feb 17 reenlistment for 5 years and 8 months with entitlement to a zone C multiple 3.0 SRB.   	

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

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the applicant on 27 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.

The Selective Retention and Reenlistment Bonus Programs, though similarly named, have separate eligibility criteria, are governed by separate DoDIs, are authorized under different laws, and are, therefore, not subject to the same rule sets.  DoDI 1304.29 requires Services to issue a 30-day notice when a bonus is going to be reduced or eliminated; DoDI 1304.31 makes no such provision.  As evidenced by AFPC’s November 2013 e-mail to the field and its practices since, the Air Force transitioned away from the Selective Reenlistment Bonus Program of DoDI 1304.29 and to the Selective Retention Bonus Program of DoDI 1304.31 in FY14. Therefore, provisions required by DoDI 1304.29 – to include the 30-day “grace period” – should not be applied to Selective Retention Bonuses. 
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. Furthermore, the title language was updated in a corrected version of the PSDM, published 2 August 2017.  These facts, considered with those presented in the previous paragraph, reinforce the position that a 30-day notice was neither required nor authorized and a bonus is not warranted for members who request reconsideration of their eligibility based on lack of notification.

The governing Air Force Instruction, AFI 36-2606, was in rewrite at the time of the FY17 SRB Program release, so the guidance was not officially updated.  However, because the PSDM outlined the program according to DoDI 1304.31 (in all respects except the name of the bonus) and also because the Air Force had not only announced elimination of the 30-day “grace period” over three years earlier, but also had been running the program accordingly since that time, it should have been clear to Airmen that the “grace period” was not applicable.

Recommend 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:

A copy of the Air Force evaluations was forwarded to the applicant on 24 Jan 18 for review and comment within 30 days (Exhibit F).  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 note AFPC/DP2SSM and AF/A1 recommends denial.  However, after a thorough review of the evidence of record and the applicant’s complete submission, 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 CAA.  Accordingly, it is our opinion the applicant has provided sufficient evidence that 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 11 months be
declared void and removed from his records.  

b. On 22 February 2017, he reenlisted for 5 years and 11 months with entitlement to a zone A multiple 2.0 SRB in the 2W051 AFSC for 5 years of continued service.  

The following members of the Board considered AFBCMR Docket Number BC-2017-02716 in Executive Session on 14 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
, Member

The Board voted to correct the record as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-02716 was considered:

	Exhibit A.  DD Form 149, dated 31 May 17, w/atch(s).
	Exhibit B.  Master Personnel Records (Excerpts).
Exhibit C.  Memorandum, AFPC/DP2SSM, dated 15 Dec 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 27 Dec 17.
	Exhibit E.  Memorandum, AF/A1PP, dated 22 Jan 18, w/atchs.
	Exhibit F.  Letter, AFBCMR, dated 24 Jan 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, and the foregoing is a true and complete record of the Board's proceedings in AFBCMR Docket Number BC-2017-02716.