RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00087

	COUNSEL:  NONE
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	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

His records be corrected to reflect he was entitled to a Zone B Selective Reenlistment Bonus (SRB), with a 5.0 Multiplier, in Air Force Specialty Code (AFSC) 1A8X1M (Airborne Cryptologic Language Analyst [Pashto]).

APPLICANT’S CONTENTIONS

On 16 February 2017, he was scheduled to reenlist on 24 February 2017.  However, when he requested to reenlist early the military personnel section (MPS) refused citing internal policy, which included a mandatory wait/review period.  However, a Personnel Services Delivery Memorandum (PSDM) was released on 23 February 2017, announcing the removal of his AFSC from the SRB list, with an effective date of the announcement.  The PDSM contradicted AFI 36-2606, Reenlistments in the United States Air Force, dated 9 May 2011 and DoDI 1304.29, Administration of Enlistment Bonuses for New Officers in Critical Skills, Selective Reenlistment Bonuses, and Critical Skills Retention Bonuses for Active Members,  Change 1, dated 11 July 2016.  According to these instructions, a 30-day implementation period is required prior to announcing any terminations, decreases, or deletions of SRBs.  The PDSM conflicted with the AFI and DODI and was not valid.  His intent was to reenlist on 24 February 2017, which was less than 30 days from the PSDM dates, as was his 7 March 2017 reenlistment, and therefore he should be entitled to the SRB.

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

STATEMENT OF FACTS

The applicant is a currently serving master sergeant (E-7) in the Regular Air Force.

On 15 May 2007, the applicant entered the Regular Air Force for a period of six years in the Air Force Specialty of 1A831, Airborne Linguist.

On 16 February 2017, according to AF Form 901, Reenlistment Eligibility Annex to DD Form 4, the applicant acknowledged that he would be paid a Zone B, Multiple 5.0 SRB based on 5 years of continued service in AFSC 1A8X1M.

On 23 February 2017, according to PSDM 17-12 [FY17 SRB Program Guidance and Implementation Data], provided by the applicant, the SRB for his AFSC was terminated.  The message states “…All increases and deletions are effective 23 February 2017.

On 28 February 2017, according to AF Form 901, the applicant acknowledged he was not entitled to an SRB. 

On 7 March 2017, the applicant reenlisted in the grade of E-6, for a period of 4 years and 2 months. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application noting the applicant did not reenlist before the 23 February 2017 SRB list was released, which removed the 1A8X1M AFSC and was effective immediately.  The applicant was projected to reenlist on 24 February 2017 and his AF Form 901 reflected entitlement to Zone B Multiple 5.0 SRB in the 1A8X1M AFSC which was on the 1 February 2016 SRB list in effect on 16 February 2017, when the applicant signed the AF Form 901; the Zone B SRB window was from 6 years through 10 years of service and the applicant’s Zone B window ended on 14 May 2017.  On 23 February 2017, a new SRB list was announced and was effective immediately with no grace period.  The 23 February 2017 SRB list removed the 18AX1M AFSC from the SRB list.  After being notified of the SRB list change to include removal of his AFSC, the applicant chose not to reenlist on 24 February 2017.  He did reenlist on 7 March 2017, for 4 years and 2 months without entitlement to an SRB establishing a new date of separation of 6 May 2021.  The applicant then extended his 6 May 2021 date of separation for 3 months to obtain retainability for a Permanent Change of Station assignment establishing a new date of separation of 6 August 2021.  

The applicant contends the Air Force is required to give a 30-day grace period for SRB changes and references AFI 36-2606 (dated 9 May 2011), paragraph 4.2.2.2, which states “The Effective date of decreases and deletions is at least 30 days from the announcement date.”  The applicant’s reference was based on prior DoDI guidance and did not apply as per paragraph 4.2.2, which states 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 his referenced paragraph.  The current AFI 36-2606 (dated 20 September 2019) only references DoDI 1304.31 and does not have DoDI 1304.29 listed anywhere within it.  The old SRB guidance was superseded by DoDI 1304.31 dated 12 March 2013 with a transition (phase-out) date of 30 September 2013; making the applicant’s referenced DoDI guidance obsolete after 30 September 2013.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 20 February 2020 for comment (Exhibit D), and the applicant replied on 26 February 2020.  In his response, the applicant states according to AFI 33-360, Publications and Forms Management, paragraph 1.5, dated 1 December 2015, a publication is not effective until it is formally published.  Such publications may have future effective dates.  This does not allow a newly updated AFI to be effective retroactively.  An AFI update in coordination is not sufficient to supersede the currently valid instruction. 

Even if the DoDI guidance was updated in 2013, the 9 May 2011 version of AFI 36-2606 was still valid until the release of the new AFI on 20 September 2019 [sic] , when the update was officially published.  His reenlistment occurred before the new AFI was published; therefore, the previous AFI should have been followed.  Even without the DoDI requirement for a 30-day notification period, the AFI in effect at that time still required the 30-day notification period before reduction or removal of an SRB.

In addition to the AFI not being followed, the overall implementation of the SRB change on 23 February 2017 seemed deliberately restrictive.  When he questioned the MPS, they did not have any reference to the updated DoDI, only the AFI which said the effective date had to be 30-days after the announcement.  Yet, the policy went into effective immediately when the change was released.  Prior to the change being announced, the MPS refused to let anyone reenlist when their eligibility window opened, citing a vague local policy requiring all paperwork to be delayed at least 10 days for internal review before it was released to members for signature.  Had he been allowed to reenlist when he first became eligible, he would have received the SRB because his reenlistment would have occurred before the change was released.  However, should the board elect to provide some relief, he concurs with the proposed directive recommended by AFPC/DP2SSM. 

The applicant’s complete response, with attachment, is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  While the Board notes the recommendation of AFPC/DP2SSM against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  
The applicant contends that the immediate implementation of PSDM 17-12, dated 23 February 2017 is invalid because it conflicts with AFI 36-2606, dated 9 May 2011 and DoDI 1304.29, Change 1, dated 11 July 2016, which allowed for SRBs to be paid 30 days in advance of implementation.  Consequently, an injustice occurred when his planned reenlistment on 24 February 2017, which was less than 30 days after the PSDM was released, no longer included an SRB for his AFSC.  The Board agrees with the applicant’s contention.  In this respect, the Board notes that AFPC/DP2SSM states that a new AFI 36-2606 [dated 20 September 2019] had been in coordination since early 2016, and removed the paragraph that allowed SRBs to be paid 30 days in advance of implementation.  However, as stated above, AFI 36-2606, dated 9 May 2011, was the current AFI during the period in question, not the version dated 20 September 2019.  Furthermore, prior to the 20 September 2019 version, there was a version dated 27 July 2017, and while this version was dated after the applicant was scheduled to reenlist on 24 February 2017 and after PSDM 17-12 was published, it still included the requirement for a 30-day implementation period before removal of an SRB.  In addition, DoDI 1304.29, change 1, dated 11 July 2016, states the announcements of an effective date for reduction or termination of an enlistment bonus must be made to the field, at least 30 days in advance of implementation.  Accordingly, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

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

	a.  On 22 February 2017, he reenlisted for 5 years and 2 months with entitlement to a Zone B Selective Reenlistment Bonus, with a 5.0 Multiplier, in Air Force Specialty Code 1A8X1M (Airborne Cryptologic Language Analyst), establishing a 21 April 2022 Expiration Term of Service and Date of Separation. 

	b. His reenlistment executed on 7 March 2017, for 4 years and 2 months, and his 3-month extension to obtain retainability for a Permanent Change of Station, be declared void, and removed from his records.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2020-00087 in Executive Session on 23 July 2017:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 January 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 19 February 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 February 2020.
Exhibit E:	Applicant’s response, w/atch, dated 26 February 2020.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.