RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03380

XXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

He receive a Zone C Selective Retention Bonus (SRB) from his XXXXX reenlistment.

APPLICANT’S CONTENTIONS

Around late XXX XX he found himself at a crossroads in his career; should he continue serving his country as an Air Force professional, or continue his pursuit of higher education.  His original decision was to separate but he was advised that his career field was eligible for a SRB.  Based upon financial needs, he opted to reenlist and his sole reason was based upon receiving the SRB.  He has tried multiple paths to resolve this issue but it still has not been remedied.

In support of his request, the applicant provides copies of his DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, original and corrected contracts; CMS email correspondence; AFPC/IG complaint and response; and a congressional inquiry/response.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving on active duty in the grade of technical sergeant (E-6) with a date of rank of XX XXX XX.  His total active federal military service date (TAFMSD) is XX XXX XX.  

On XX XXX XX according to applicant’s DD Form 4 the applicant reenlisted for a 5 years and 3 months with date of separation (DOS) of XX XXX XX.

On XX XXX XX, according to applicant’s AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF)/Air Force Reserve (AF RESERVE)/Air National Guard (ANG), the applicant requested his 5th extension to his current enlistment.  All extensions to his current enlistment now total 45 months.  Extension approved on XX XXX XX resulting in DOS of XX XXX XX.  

On XX XXX XX, according to applicant’s DD Form 4, the applicant reenlisted for a period of 2 years and 25 months in the grade of staff sergeant (E-5). Resultant DOS is now XX XXX XX.  HYT (15 years) is XX XXX XX.

On XX XXX XX according to Special Order XXXXX, AF Form 899, Request and Authorization for Permanent Change of Station – Military, applicant’s reassignment had a required tour length of 36 months with a report no later than date (NLT) of XX XXX XX.

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

APPLICABLE AUTHORITY/GUIDANCE

Air Force Instruction (AFI) 36-2110, Total Force Assignments, 5 Oct 18, 2.9. High Year of Tenure (Enlisted Only). Reenlistment or extension of enlistment beyond the limits established in AFI  36- 3203, Service Retirements, are not authorized except for documented cases of hardship.

AFI 36-3203, Service Retirements, 18 Sep 15 (Ch 1, 30 Aug 17), 2.10. The HYT is set at the following service points: Staff Sergeant (SSgt) at 15 years of service; Technical Sergeant (TSgt) at 20 years of service;

AFI 36-2606, Reenlistment And Extension Of Enlistment In The United States Air Force, 27  Jul  17:
 
5.9.2. Administrative Errors. MPS will not correct administrative errors discovered in items 2, 5, 8, 18b, 19b and 19f of the DD Form 4. Administrative errors in these items will necessitate the deletion and re-creation of the DD Form 4.

5.11.1. Once an Airman has reenlisted, they must initial next to the lined text, as applicable, and sign the DD Form 4. A reenlistment is considered executed once the Airman has been approved to reenlist (AF Form 901), the enlistee has taken the oath of enlistment, and both the reenlistee and administering officer have signed the DD Form 4.

5.11.4.1.2. Airmen reenlisting who are HYT restricted may not exceed their HYT plus 1 month. Airmen will be separated on their HYT date. For Airmen who are eligible for an SRB, their SRB will be calculated based only on TOE years (a minimum of 3 years). If the TOE is less than 3 years, the Airman is ineligible for an SRB. Also see Table 5.8.

Table 5.8. Terms of Reenlistment.  Rule 2.  If the Airman is eligible to reenlist IAW para 5.1 this table and is a: First Term/Second Term and Career Airman; And has the following remaining obligated service; 48 months or less; And cannot reenlist IAW with Rule 1 above due to HYT; Then the authorized Term of Reenlistment is in whole years: 2, 3 or 4, plus the remaining obligated service months.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.  The applicant reenlisted to obtain the required retainability for assignment.  The XX XXX XX Form 4, Section 8, Term of Enlistment (TOE), was erroneously listed as 3 years and 25 months. As this erroneous TOE would have taken him 9 months past his HYT, the only correct and authorized TOE was 2 years and 25 months.  As such it rendered him ineligible for a Selective Retention Bonus (SRB) as SRB eligibility required Airmen to reenlist for a minimum of 3 years.  

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 XX XXX XX for comment (Exhibit  D), but has received no response.

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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds a preponderance of the evidence does not substantiate the applicant’s contentions. While the Board notes that applicant’s contention that the sole reason he reenlisted was to receive the SRB, evidence reflects his reenlistment documents included an unauthorized SRB.  Specifically at the time of his reenlistment, his TOE was listed as 3 years and 25 months, which exceeded his HYT.  In light of this error, a correction to his reenlistment documents was accomplished to reflect 2 years and 25 months.  As a result of this correction, he was ineligible to receive a SRB based upon his inability to meet the minimum required reenlistment of 3 years.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-03380 in Executive Session on 8 Feb 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Oct 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSM, dated 9 Dec 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 14 Dec 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.