RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02704

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His 12 Dec 19 reenlistment for 5 years and 12 months be voided, removed from his records, and his previous Date of Separation (DOS) of 8 Jan 21 be reinstated.

APPLICANT’S CONTENTIONS

On 12 Dec 19, the applicant reenlisted after he was erroneously briefed by his local personnel office that he would receive the Zone B Selective Retention Bonus (SRB).  However, the Zone B SRB window is for Airmen who have 6 to 10 years of Total Active Federal Military Service (TAFMS).  As such, he needed to serve an additional 27 days of his previous enlistment before he would become eligible for the bonus.  

On 28 Feb 20, two months later, he was finally notified of the error, but his local personnel office never sent him the corrected documents for him to resign.  Instead, they deleted the Zone B multiplier, left his signature in the signature block and processed his enlistment without his bonus or his approval.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force staff sergeant (E-5). 

On 9 Jan 14, as noted on the DD Form 4/3, Enlistment/Reenlistment Document Armed Forces of the United States, the applicant reenlisted for six years, establishing an Expiration Term of Service (ETS) and Date of Separation (DOS) of 8 Jan 20.

On 29 May 19, the applicant signed AF Form 1411, Extension of Enlistment in the Air Force, and extended his 9 Jan 14 enlistment by 12 months, establishing a new ETS and DOS of 8 Jan 21.

On 2 Dec 19, AF Form 901, Reenlistment Eligibility Annex to DD Form 4, Section V. Certification by Members Authorized Selective Retention Bonus (SRB), provided by the applicant, indicates he digitally signed and acknowledged he would be paid a Zone B, multiple 2.0 bonus based on five years of continued service in the 2A5X4D Air Force Specialty Code (AFSC).  

According to AF Form 901, Reenlistment Eligibility Annex to DD Form 4, that is currently in the applicants official military personnel record, the digital signature in Section V, Certification by Members Authorized Selective Retention Bonus (SRB) no longer appears on the form.  However, the form appears to be the same form he provided and originally signed with SRB acknowledgement on 2 Dec 19. 

On 12 Dec 19, DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, shows that the applicant reenlisted for 5 years and 12 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/DP2SSP, recommends denying the application, but offers an alternative correction to the applicant’s record.  On 8 Jan 19, the applicant completed five years on active duty and became eligible to reenlist anytime on or after 9 Jan 19.  On 12 Dec 19, the applicant reenlisted after being erroneously briefed by his local personnel office that he was eligible for a Zone B SRB entitlement.  However, at that time, the applicant did not have six years of TAFMS and did not enter his window of eligibility until 9 Jan 20.  Had the applicant been briefed correctly, he would have scheduled his reenlistment for 9 Jan 20 for 5 years and 11 months with entitlement to a Zone B multiple 2.0 SRB in the 2A5X4D AFSC.  

While the applicant contends his personnel office mishandled the correction of his reenlistment contract, the SRB was removed in accordance with Air Force instruction 36-2606, Reenlistment and Extension of Enlistment in the USAF, paragraph 5.9.3 and the corrected valid contract is now filed in the applicant’s records.  The applicant requests to void and remove his contract; however, per paragraph 5.9 there are two types of erroneous reenlistment documents.  The first is “contractual” errors where an Airman did not meet all reenlistment eligibility requirements and these contracts will be voided and removed from an Airman’s record.  The second is “administrative” errors to include erroneous/unauthorized SRBs and these contracts will be corrected (for example removing the unauthorized SRB), but the reenlistment remains firm as the Airman executed a valid reenlistment.  Therefore, DP2SSP recommends an alternative correction to void the 12 Dec 2019 reenlistment as applicant is requesting, but correct his records to reflect a 9 Jan 2020 reenlistment for 5 years and 11 months with entitlement to a Zone B multiple 2.0 SRB which is what the applicant wanted when he requested to reenlist in Dec 19.

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 24 Nov 20 for comment (Exhibit D), and the applicant replied on 18 Mar 21.  In his response, the applicant concurred with the recommended correction provided by AFPC/DP2SSP.  The applicant’s complete response 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.  The Board concurs with the rationale and recommendation of AFPC/DP2SSP and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant has provided evidence he was erroneously informed that he was eligible for an SRB bonus at the time of his 12 Dec 19 reenlistment and had he waited 27 days, he would have otherwise been eligible for the bonus.  Furthermore, if not for the misinformation, there would have been nothing that precluded the applicant from reenlisting on 9 Jan 20 and receiving the Zone B multiple 2.0 SRB entitlement. However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, 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 the APPLICANT be corrected to show that:

1.  His 12 December 2019 reenlistment for 5 years and 12 months be declared void and removed from his records.   

2.  On 9 January 2020, he reenlisted for a period of 5 years and 11 months with entitlement to a Zone B multiple 2.0 Selective Retention Bonus in the 2A5X4D Air Force Specialty Code.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2020-02704 in Executive Session on 14 Apr 21:

, 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 18 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 23 Nov 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 24 Nov 20.
Exhibit E:	Applicant’s response, dated 18 Mar 21.

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.