RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2001-02949
		INDEX CODE 128.05
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her date of reenlistment be adjusted to 1 Oct 01 so that she may qualify for a reenlistment bonus.

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APPLICANT CONTENDS THAT:

Her end of term of service (ETS) was 27 Oct 01. Her Unit Career Advisory (UCA) had intended to wait until 1 Oct 01 before reenlisting her to see if her Air Force Specialty Code (AFSC) was on the new bonus announcement for the wing. The UCA forgot and reenlisted her in Sep 01 instead of Oct 01. Her Duty AFSC (DAFSC) was on the bonus list when announced in early Oct. This was her last and only chance at a $5,000 bonus and this unintentional error should be corrected.

The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The Reserve bonus system is unlike the active duty program. The bonus AFSCs are determined by each Wing’s needs--they are not necessarily approved AFRC-wide.  The master list, by location, comes out of HQ AFRC/DPMR.  

During the period in question, the applicant was a technical sergeant (TSgt) assigned to the 514th Communications Squadron (514 CS) at McGuire AFB, NJ. Her original ETS was 27 Oct 01.

On 25 Aug 01, she requested a reassignment from the 514 CS, McGuire AFB, to the 913th Air Wing (913 AW) at Willow Grove ARB, PA. Her request was approved on 10 Sep 01. 

On 13 Sep 01, she reenlisted for two years. 

Her reassignment orders for Willow Grove were issued on 30 Sep 01.

The Fiscal Year 2002 (FY02) bonus AFSC list for McGuire came out around 1 Oct 01. The applicant’s AFSC was on the list. In order to qualify for the bonus, members in this AFSC located at McGuire had to reenlist for a period of six years (the applicant had reenlisted for two years on 13 Sep 01).

On 11 Oct 01, the applicant submitted a DD Form 149 requesting that her 13 Sep 01 reenlistment date be adjusted so that she could qualify for a reenlistment bonus. In a letter dated 5 Oct 01 (Exhibit A), the UCA advised he had intended to counsel the applicant to delay reenlisting until the new bonus list came out on 1 Oct 01 to see if her AFSC would be on it. The UCA indicated that, in the rush of the Sep Unit Training Assembly (UTA) weekend, he reenlisted the applicant in Sep 01 and submitted the paperwork to the military personnel flight (MPF). When the new list came out, he saw her DAFSC on it and then remembered he had wanted to delay her reenlistment to qualify her for the bonus. He added he was a relatively new UCA and felt it was unfair for the applicant to forfeit her chance for a $5,000 bonus because of his unintentional error.

HQ AFRC/DPMB advised both the applicant (at her home address) and the 514th Mission Support Squadron (514 MSS) in a joint letter dated 26 Nov 01 that her request had been approved, that once her reenlistment date was changed she would be eligible for a reenlistment bonus, and that the 514 MSS was authorized to reflect a separation date of 30 Sep 01 and an immediate reenlistment of 1 Oct 01 for a period of six years. Upon correction of the applicant’s reenlistment documentation, the 514 MSS was to complete AF Form 4021, Application for Reserve Incentive, and submit it to HQ AFRC/DPMB for processing.

As a result of what was assumed to have been an administrative correction, the applicant’s 11 Oct 01 appeal was closed on 21 Dec 01 without it being forwarded to the AFBCMR.

In the meantime, the applicant was reassigned to the 913 AW at Willow Grove, PA on 28 Oct 01. However, since her AFSC was not on the 913 AW bonus list, she was not eligible for a bonus. Therefore, even if her reenlistment contract had been accomplished on 1 Oct 01 at McGuire, she would have had to forfeit almost all of the bonus upon her (voluntary) reassignment to Willow Grove, which did not include her AFSC on their bonus list.

Apparently, the 913 AW questioned the applicant’s bonus eligibility because her AFSC was not on their bonus list. As a result, HQ AFRC/DPM wrote an advisory opinion (Exhibit C) on 22 Sep 03 and the applicant’s case was reopened on 30 Sep 03 by SAF/MRBR at Randolph. The case was received by the AFBCMR Staff on 9 Oct 03.

HQ AFRC/DPM and the 913 MSS provided additional information to the AFBCMR Staff via email:  Since the applicant voluntarily transferred to Willow Grove, she loses almost the entire bonus. The bonuses are pro-rated based on a member’s participation. Since the applicant performed only one make-up day at McGuire AFB on 26 Oct 01 before being assigned to the 913 AW on 28 Oct 01, she will paid for the two periods to which she is entitled (approximately $34). Her bonus will then be terminated.

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AIR FORCE EVALUATION:

HQ AFRC/DPM advised that, upon review of the approved case, the applicant’s enlistment contract should have been updated by the 514 MSS at McGuire. The original approval stated she would be eligible for a reenlistment bonus. However, she was no longer eligible for the reenlistment bonus as she had since been reassigned to Willow Grove ARB where her AFSC is not on the bonus listing, nor was it on the listing at the time of her reassignment on 28 Oct 01. They attached a “corrected” enlistment contract, signed on 10 Sep 03 and reflecting that the applicant reenlisted on 1 Oct 01 for a period of six years.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 3 Oct 03 for review and comment within 30 days.  As of this date, this office has received no response.

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ADDITIONAL AIR FORCE EVALUATION:

HQ AFRC/DPM advised that the applicant’s reenlistment contract was corrected and that she is entitled to one day, two periods of unit training assembly (UTA) pay for a UTA she performed while still assigned to McGuire AFB. Based on her voluntary transfer to Willow Grove, her entitlement to any further bonus pay ceases because her AFSC is not on the bonus list at that location. 

A complete copy of the evaluation, with attachments, is at Exhibit E.

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APPLICANT’S RESPONSE TO ADDITIONAL EVALUATION:

A complete copy of the additional evaluation was forwarded to the applicant on 13 Nov 03 for review and comment within 30 days.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. The applicant requested her date of reenlistment be adjusted to 1 Oct 01 so she could qualify for a reenlistment bonus. Apparently the reenlistment date has been adjusted administratively. However, after a thorough review of the evidence of record, a majority of the Board is not persuaded the applicant is entitled to her full reenlistment bonus. Her AFSC was on the McGuire bonus list but not on the bonus list for the 913 AW. Therefore, even if her reenlistment contract had been accomplished on 1 Oct 01 at McGuire, she would have subsequently forfeited almost all of the bonus upon her voluntary reassignment to Willow Grove, whose bonus list did not include her AFSC. According to HQ AFRC/DPM, the bonuses are pro-rated based on a member’s participation. Since the applicant performed only one make-up day at McGuire AFB on 26 Oct 01 before being assigned to the 913 AW on 28 Oct 01, she will paid for the two periods to which she is entitled. The majority of the Board is not persuaded that the applicant should receive the remainder of the bonus she essentially forfeited when she voluntarily requested, and was granted, reassignment to the 913 AW. In this regard, she was treated no differently than any other member in a similar situation, and it would be unfair to those individuals at the 913 AW whose same AFSC did not entitle them to a reenlistment bonus. The Board majority therefore agrees with the recommendations of the Air Force and adopts the rationale expressed as the basis for our decision that the applicant has not sustained her burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, the Board majority finds no compelling basis to recommend granting the relief sought   

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC- in Executive Session on 18 December 2003, under the provisions of AFI 36-2603:

						Panel Chair
						Member
						Member

By a majority vote, the Board recommended denial of the application voted to grant, but she does not wish to submit a Minority Report. The following documentary evidence relating to AFBCMR Docket Number BC-2001-02949 was considered:

   Exhibit A.  DD Form 149, dated 11 Oct 01 (reopened), w/atch.
   Exhibit B.  Available Military Personnel Records
   Exhibit C.  Letter, HQ AFRC/DPM, dated 22 Sep 03.
   Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 03.
   Exhibit E.  Letter, HQ AFRC/DPM, undated, faxed on 7 Nov 03,
                            w/atchs.
   Exhibit F.  Letter, AFBCMR, 13 Nov 03.

                                   

AFBCMR  BC-2001-02949

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD 
                                        FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of    

	I disagree with the Board majority’s decision to deny the applicant’s request for an adjusted reenlistment date and the resultant reenlistment bonus. After carefully considering their rationale, I am persuaded the evidence of record warrants relief. 

	The applicant’s original end of term of service was October 27, 2001. Her unit at McGuire AFB evidently intended to delay her reenlistment until October 1, 2001, in order to take advantage of a reenlistment bonus should her Air Force Specialty Code (AFSC) be included on their bonus list. When the bonus list for McGuire AFB was released, the applicant’s AFSC was on it, making her eligible for a $5,000.00 bonus. However, unlike active duty members, Reservists’ reenlistment bonuses apparently are driven by their location. Prior to this, she had requested, and been approved for, reassignment to Willow Grove, PA. Unfortunately, the applicant not only was reenlisted for two years before the October 1, 2001, bonus list for McGuire was released, but also apparently was not told before her reassignment was finalized that she could forfeit her bonus if her AFSC was not on her gaining unit’s list. The applicant’s reenlistment contract was administratively amended to reflect an enlistment date of October 1, 2001, instead of September 13, 2001, with an enlistment term of six years instead of two.  This would have made her eligible for a bonus had she stayed at McGuire. However, her AFSC was not on the bonus list for Willow Grove.  As a result, she received approximately $34.00 for the short period she remained at McGuire and forfeited the rest of her bonus upon her transfer to Willow Grove.

	The applicant clearly was given every reason to believe she would receive a bonus and she willingly contracted her enlistment for six, rather than two, years. Her unit at McGuire intended to delay her reenlistment until they knew her AFSC was on their bonus list. Both the applicant and her McGuire unit had her bonus eligibility confirmed by HQ AFRC/DPMB’s November 26, 2001, letter. In my view, this enlisted member acted in good faith by committing herself to the Air Force for six more years and should not forfeit the bonus she promised by responsible personnel because of an oversight and a technicality. I therefore agree with the minority vote to grant and direct her records be appropriately corrected to facilitate her receiving the remaining bonus equivalent. 

						

AFBCMR  BC-2001-02949

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 she was in a temporary duty status for a sufficient number of days and was paid total per diem the equivalent of $4,965.28.