RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00385
INDEX CODE: 128.05
COUNSEL: No
HEARING DESIRED: No
______
APPLICANT REQUESTS THAT:
Two extensions of enlistment be canceled so that he will have full entitlement to the Selective Reenlistment Bonus (SRB).
______
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.
______
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings.
______
AIR FORCE EVALUATION:
The Chief, Skills Management Branch, HQ AFPC/DPPAE, indicates that, although there is no evidence (i.e., statement from the Military Personnel Flight counselor) to indicate the applicant was given incorrect advice or counseling on his reenlistment options, it appears his explanation may be valid. Therefore, the Chief defers to the AFBCMR and explains the corrections necessary should the Board opt to grant relief.
A complete copy of the Air Force evaluation is at Exhibit C.
______
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 29 March 1999 for review and comment within 30 days. As of this date, no response has been received by this office.
______
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant relief. The AF Form 1411 the applicant signed includes his initials on the back stating he did understand he had 30 days to request extension cancellation. However, his assertion that he was merely told to initial all the blocks on the back of the form seems feasible since he even initialed blocks that were not applicable. The possibility exists that he was verbally told, as he contends, that his bonus would not be affected as long as he reenlisted prior to entering the extension. Therefore, in order to preclude a possible injustice, we believe any doubt should be resolved in this applicant’s favor and recommend his records be corrected as indicated below.
______
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the extensions of his 14 December 1994 enlistment executed on 23September 1997 for a period of one (1) month, and on 11March 1998 for a period of twenty-two (22) months, be declared void.
It is further recommended that Section III (D) of AF Form 901, Reenlistment Eligibility Annex to DD Form 4, executed on 7December 1998, be corrected to show that the Zone A, Multiple 3 Selective Reenlistment Bonus is payable for five (5) years and eleven (11) months, rather than four (4) years and one (1) month.
______
The following members of the Board considered this application in Executive Session on 27 July 1999, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jan 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 16 Mar 99.
Exhibit D. Letter, AFBCMR, dated 29 Mar 99.
Panel Chair
AFBCMR 99-00385
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force relating to , be corrected to show that the extensions of his 14 December 1994 enlistment executed on 23September 1997 for a period of one (1) month, and on 11March 1998 for a period of twenty-two (22) months, be, and hereby are, declared void.
It is further directed that Section III (D) of AF Form 901, Reenlistment Eligibility Annex to DD Form 4, executed on 7December 1998, be corrected to show that the Zone A, Multiple 3 Selective Reenlistment Bonus is payable for five (5) years and eleven (11) months, rather than four (4) years and one (1) month.
Director
Air Force Review Boards Agency
4
99-00385