RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03874

XXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His records be corrected to show is was authorized to receive the Zone A, Multiple 0.5, Selective Retention Bonus (SRB) for 4 years, in the grade E-5.

APPLICANT’S CONTENTIONS

He was miscounseled.  Prior to reenlisting on 15 Jun 21, he was assured he would receive a Zone A, Multiple 0.5 SRB.  However, after he reenlisted the Air Force Personnel Center (AFPC) determined he was ineligible for the SRB.  He has researched the applicable Air Force Instruction and believes it supports his eligibility.  Had he known AFPC Reenlistments would have denied his SRB, his decision to reenlist may have been different.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force staff sergeant (E-5).

On 16 Jun 15, the applicant enlisted for a period of six years establishing a date of separation (DOS)  and Expiration Term of Service (ETS) of 15 Jun 21.

On 14 Apr 19, he extended his enlistment for 36 months, establishing a new DOS of 15 Jun 24.  

On 12 Apr 21, he applied and was approved for retraining into Air Force Specialty Code (AFSC) XXXXXXXX, with a class start date of 25 Jul 21 and projected class graduation date of 24 Sep 21, which would award him his 3-skill level.

On 15 Jun 21, he reenlisted for four years and one month with a Zone A, Multiple 0.5 SRB for AFSC XXXX, with a DOS and ETS of 14 Jul 25.

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 partially granting the applicant’s request.  If counseled correctly, the applicant would have been briefed that the only way for him to qualify for a Zone A, Multiple 0.5 SRB, was to wait to reenlist until after he graduated from technical school with his 3-skill level.  As it was, the applicant reenlisted on 15 Jun 21 for four years and one month and with a Zone A, Multiple 0.5 SRB.  This is erroneous as the term of enlistment should have been for three years and 36 months obligated service.  The 36 months obligated service remained from his Apr 19 extension.   However, if the applicant would have waited to reenlist until after he had been awarded his 3-skill level in Sep 21, his obligated service would then have been 32 months.  As reenlistments are only authorized in whole years, plus remaining obligated service, and no reenlistment can exceed 72 months total, the applicant’s reenlistment should have been for three years and 32 months obligated service (total of 68 months).    As such, they recommend approval of the Zone A, Multiple 0.5 SRB in the XXXXX career field but only for three years, not the four years he is requesting. The applicant was never authorized to reenlist for more than three years or to receive the SRB for more than three years, but if counseled correctly he would have received the SRB for three years of obligated service.

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 4 Feb 22 for comment (Exhibit D), and the applicant replied on 10 Feb 22.  In his response, the applicant agreed with the AFPC/DP2SSM evaluation and is satisfied with their recommendation.  

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/DP2SSM and finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board notes that had the applicant been counseled correctly he would have reenlisted with a Zone A, Multiple 0.5 SRB on 25 Sep 21 for a period of three years and 32 months of obligated service.  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 as it pertains to the applicant be corrected to show:

	a. His reenlistment, effective 15 Jun 21, be declared void and removed from his records.

	b. On 25 Sep 21, he reenlisted for 3 years and 32 months, with entitlement to a Zone A, Multiple 0.5, Selective Retention Bonus, for 3 years in Air Force Specialty Code XXXXX.  

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-2021-03874 in Executive Session on 17 Mar 22:

, 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 17 Dec 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 4 Feb 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 4 Feb 22.
Exhibit E:	Applicant’s response, dated 10 Feb 22.

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.