RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01838

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

1.  Her 27 September 2019 reenlistment for a term of 3 years and 29 months be changed to reflect 5 years and 4 months.

2.  The $5,694.66 debt she incurred as a result of the overpayment of her Selective Retention Bonus  (SRB) entitlement be remitted.

APPLICANT’S CONTENTIONS

In March 2019, she submitted a three-month DEROS extension request (CMS case xxx) that was approved/closed by the Air Force Personnel Center (AFPC) on/around 30 May 2019.  Between May through July 2019, she officially crossed trained from Air Force Specialty Code (AFSC) 3D0X1, Knowledge Operations Management to 3D1X2, Cyber System Operations and on 16 July 2019, she received a career field manager directed reassignment overseas.  On 29 August 2019, she requested to cancel a 25-month extension with the intent to reenlist.  At that time, she never entered the third extension request and it was officially signed/cancelled on 29 September 2019.  On 27 September 2019, she reenlisted for 5 years and 4 months with an approved SRB Zone B Multiple 2, based on 5 years with an AFSC of 3D152.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 25 January 2018, according to AF Form 1411, Extension of Enlistment in the Air Force, the applicant requested a 12-month extension based on the “Best Interest of the Air Force.”  The extension was approved on 28 March 2018.  This was the first extension of her current enlistment, which she would enter the day after her expiration term of service (ETS) on 14 August 2018; thus, extending her date of separation (DOS) to 13 August 2019.   

On 3 October 2018, according to AF Form 1411, the applicant requested a 6-month extension for the purpose of Assignment.  This was the second extension of her enlistment, which she would enter on 14 August 2019 and further extend her DOS to 13 February 2020.  

On 14 November 2018, according to AF Form 1411,  the applicant requested a 25-month extension for the purpose of Assignment.  The extension was the third extension of her enlistment, which she would enter on 14 August 2019 and further extend her DOS to 13 March 2022.    
	
On 12 June 2019, according to AF Form 2096, Classification/On-The-Job Training Action, the applicant’s AFSC changed from 3DO71 to 3D152.  

On 10 July 2019, a “Change of Projected Assignment Data” document, provided by the applicant, shows that her career field manager directed a cross-train assignment and the applicant was to be reassigned for a 24-month overseas tour with a report no later than date of 30 June 2020.  

On 11 September 2019, according to AF Form 1411-1, Cancellation of Extension of Enlistment in the Air Force, the applicant requested her extension that was approved on 25 January 2019, for a period of 25 months be canceled.  The cancellation was approved on 27 September 2019, changing her DOS back to 13 February 2020 (the extended DOS from her second extension).

On 27 September 2019, according to DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, provided by the applicant, she reenlisted for a period 5 years and 4 months.  With this reenlistment the applicant received a Zone B, Multiple 2 retention bonus based on 5 years of enlistment.

On 11 February 2022, according to AF Form 1411, the applicant requested an 8-month extension for the purpose of Assignment. 

On 24 February 2022, the applicant signed a corrected copy of her AF Form 901, Reenlistment Eligibility Annex to DD Form 4, which also acknowledged a corrected copy of her DD Form 4 that she entered on 27 September 2019.  The correction changed her reenlistment period from 5 years and 4 months to 3 years and 29 months and changed the applicant’s Zone B, Multiple 2 bonus to be based on 3 years instead of a 5-year enlistment.  

On 5 April 2022, according to an e-mail with subject, Notification of Indebtedness, provided by the applicant, she was notified of an overpayment for $5,694.66, which was a result of the 5-to-3-year change in her bonus. 

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

APPLICABLE AUTHORITY

AFI 36-2606, Reenlistment and Extension of Enlistment in the United States Air Force:  

Chapter 4, Selective Retention Bonus Program 
4.1.1. Airmen do not qualify for the SRB if the airmen reenlists or extends enlistments for any purpose other than continued active service in the SRB skill. MPF Career Development will verify assignment selection AFSC is in the SRB AFSC before documenting any bonus election on the AF Form 901, Reenlistment Eligibility Annex to DD Form 4.

4.1.2. To qualify for an SRB, airmen must reenlist in accordance with Table 5.1 for at least 3 years; or extend in accordance with Table 6.2, Rules 12, 13, 14, 16 and 29 (in month increments) in the RegAF for at least 36 months. SRBs may be designated by AFSC, Zone (see Table 4.1), skill-level, grade, unit, or to meet other condition(s) as determined by the Secretary of the Air Force. When a Zone is used as part of the SRB criteria, the Zone is determined by the airman’s TAFMS at the time of reenlistment or date he/she enters the extension. (Note: The Airman’s pay grade on their Date of Enlistment [DOE] will be used to calculate the SRB). 

4.7. Eligibility for airmen in Additionally Awarded SRB Skills (Including Continental United States (CONUS)/Overseas Imbalanced SRB Skill into an Awarded SRB Skill).

Chapter 5, Reenlistments

5.11.3.1.1. If an airman has between 25 and 36 months of remaining obligated service, they can reenlist for 3 years plus obligated service.

Chapter 6, Extensions of Enlistment

Table 6.2. Reasons for Extensions of Enlistment, Rule 12, states “If an airman requests an extension of enlistment to obtain retainability for a CONUS or overseas PCS, PCA, or TDY assignment, (to include deployment); or to qualify for an SRB in conjunction with an assignment according to paragraph 4.7…and the airman requires retainability. Limit extensions submitted according to paragraph 6.6.5 to the minimum number of months required for the airman to establish a DOS within 90 days of projected departure date.”

6.5.3. Airmen may request extension cancellation to immediately reenlist due to unusual circumstances, other reasons for cancellation were inappropriate, and fulfilling the extension would result in an injustice. The airman may request extension cancellation under this provision only when the extension has not been executed. The MPF and member’s commander/civilian director ensures the extension cancellation and reenlistment occur on the same day. (Note: Non-receipt of a Retention Bonus is not an injustice.)

6.5.3.1. The MPF assists the airman in completing AF Form 1411-1, Section II and suspenses the form pending final action. Refer to paragraph 6.6.8 for general processing instructions. Chief, MPF may disapprove the request, but AFPC Reenlistments (for RegAF Airmen) is the approval authority.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.  The  applicant concedes she was erroneously allowed to process a cancellation of her 25-month extension for the purpose of reenlistment.  There is no guidance or rule set to allow cancellation of extension to reenlist; therefore, the 25-month extension was reinstated. All extensions of enlistment/reenlistment are counted as obligated service and added to the new reenlistment identified by the months listed after the years; for example, 3 years and 25 months (the obligated service left from the last enlistment was 25 months in this case).  The applicant reenlisted on 27 September 2019 and had an erroneous term of enlistment of 5 years and 4 months listed.  This mistake was identified in January 2022 and the term of enlistment was corrected to 3 years and 29 months.  Since SRBs are paid in whole years only (the months for obligated service do not count towards SRB entitlement), she was over paid, and the over payment was set as a debt.

Per Air Force policy, she was only authorized the zone B multiple 2.0 SRB for three years as she had 25 months of obligated service that was required to be added to her 27 September 2019 reenlistment. Remitting the debt through that process would be more appropriate than changing her record to be outside policy.

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 August 2022 for comment (Exhibit D) but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant did not exhaust 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 regarding her request to change her 27 September 2019 reenlistment to a term of 5 years and 4 months, rather than for 3 years and 29 months. 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.  The applicant reenlisted on  27 September 2019 and had an erroneous term of enlistment of 5 years and 4 months listed.  This mistake was identified in January 2022 and the term of enlistment was corrected to reflect 3 years and 29 months. Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s failure to exhaust all available remedies renders any potential action by the Board premature regarding her request to cancel/remit the $5,694.66 debt she incurred as a result of the overpayment of her SRB entitlement.  In particular, the applicant has not presented her case to the Remission Board that would be able to review the case fully and if warranted, provide relief.  Therefore, the Board recommends against correcting the applicant’s record at this time. 

5.  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

1.  The Board recommends informing the applicant the evidence regarding her request to change her 27 September 2019 reenlistment to a term of 5 years and 4 months, rather than for 3 years and 29 months, did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

2.  The Board recommends informing the applicant other avenues of administrative relief remain available regarding her request to cancel/remit the $5,694.66 debt she incurred as a result of the overpayment of an SRB entitlement.  In addition, the Board will reconsider the application only upon receipt of documentary evidence that such relief has been exhausted.

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-2022-01838 in Executive Session on 29 September 2022:

, 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 12 July 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSM, dated 1 August 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 4 August 2022.    

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.