RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00507
		INDEX CODE:  112.03, 131.09

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her enlistment grade be changed from E-1 (Airman Basic) to E-3 (Airman First Class) and that she receive a bonus for enlisting in the 3C1X1 Air Force Specialty (AFS).

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APPLICANT CONTENDS THAT:

Her recruiter provided her erroneous information when she enlisted.  She enlisted as a Radio Communication Systems Helper for a six-year term.  As such, she contends she was eligible for and should have received an enlistment bonus for enlisting in a critical career field.  She states that because she enlisted for a six-year term on her initial enlistment, she was qualified to enter the Air National Guard (ANG) as an E-3.

In support of her appeal, the applicant has provided a copy of her DD Form 4, Enlistment/Reenlistment Document.

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

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STATEMENT OF FACTS:

The applicant, a member of the Virgin Islands Air National Guard (VIANG), enlisted on 31 August 2001, for a period of six years, as a Radio Communications Systems Helper.  She is currently serving in the VIANG as a traditional guardsman in the grade of airman (E-2).

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI notes the ANG Enlisted Cash Bonus Program provides enlistment and reenlistment bonuses to traditional guardsmen enlisting for six years in specialties deemed critical.  Each state and territory publishes an annual incentive-eligible list of critical AFSC’s.  She, the VIANG, nor the NGB can provide the incentive-eligible list from August 2001 that would show whether or not she was eligible for any incentives.  DPPI notes that non-prior service members enlisting into a critical AFS for a period of six years is authorized the enlistment grade of E-3.  However, an individual enlisting in the senior year of high school will be enlisted in the grade of E-1 until such time as they graduate and present required documents whereupon they are immediately promoted to the grade of E-3.  Numerous attempts were made to determine her education level at the time of her enlistment and no documentation was provided to verify her eligibility.  Therefore, her request to change her enlistment grade from E-1 to E-3 is not substantiated and she is therefore not considered eligible for E-3 at enlistment.

ANG/DPPI’s complete evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 November 2004 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 an error or injustice.  Applicant contends that she was provided erroneous information when she enlisted in the VIANG.  However, she has not provided sufficient evidence to substantiate her allegation of miscounseling with respect to the bonus opportunity or that she should have been enlisted in the grade of Airman First Class (E-3).  After reviewing the evidence of record, we note that the ANG cannot determine whether applicant's AFSC was listed as incentive-eligible at the time of applicant's enlistment.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's grade at the time of her enlistment was correct.  Should the applicant provide documentary evidence showing that her AFSC was entitled to a bonus at the time of her enlistment, we would be willing to reconsider her appeal.  In the absence of such evidence, favorable action on her application is not recommended.  
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00507 in Executive Session on 4 January 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Dec 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 2 Nov 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Nov 04 2004.

                                   Panel Chair