RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00869
		INDEX CODE:  135.02
		COUNSEL:  NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her records be corrected to show satisfactory service for retirement year ending (RYE) 1 March 2006 and she be awarded the reenlistment bonus she was promised on her reenlistment contract.

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APPLICANT CONTENDS THAT:

She and another unit member contacted HQ Air Force Reserve Command (AFRC) in July 2006 and inquired as to whether or not her duty status needed to be altered on orders.  She was notified by personnel in AFRC that she already had a good (satisfactory) year of service for the time period indicated.  The letter from AFRC plainly stated she was a new Individual Mobilization Augmentee (IMA) with plenty of points for the year and therefore would not be removed from the program.  She was notified that her duty status for the year would not be held against her in any negative way.  In early 2006, she was contacted via an email by the Air Reserve Personnel Center (ARPC) offering her a reenlistment bonus of $15,000.  She signed her reenlistment papers on 17 March 2006.  On 1 April 2006, she signed an Air Force Form 4010, Application for IMA Enlisted Bonus and Incentive.  The authentication part of the Written Agreement Reenlistment Bonus, was signed and finalized by all those necessary on 26 April 2007.  She had heard nothing about the bonus and on 26 June 2007, she called ARPC only to find that the people she worked with in trying to obtain her bonus had all been moved to other offices.  She spoke instead to a master sergeant who told her he was familiar with her case and that her bonus was a mistake and that she should never have been offered one.  She asked whether or not her reenlistment contract was a mistake also and his response to her was “Is that the only reason you reenlisted?”  She has checked her bonus status on the Virtual MPF and has found that it appears she was never offered a bonus.  She contends she had documentation that proves otherwise.

In support of her appeal, the applicant has provided a personal statement and copies of the letter from AFRC, a number of Inactive Duty for Training (IDT) orders, and pertinent emails.

Applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant began her military career on 13 August 1987.  She has been progressively promoted to the grade of staff sergeant with a date of rank (DOR) of 1 September 2002.  During February 2005, the applicant requested transfer from a traditional Reserve unit to an IMA program.  Before her release and transfer to the IMA program, she completed two and one half Unit Training Assemblies (UTAs).  Her transfer to the IMA program was effective on 20 June 2005.  As an IMA, she did not perform any IDT for the remainder of the retention/retirement (R/R) year and did not perform her next IDT until May 2007.  She is currently serving in the IMA program and has almost 8 years of satisfactory service towards a Reserve retirement at age 60.  

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AIR FORCE EVALUATION:

HQ AFRC/DPP recommends denial.  DPP notes that by her account, her supervisor advised her that she should reschedule her next three consecutive UTA’s for April through June until September.  She would then be able to perform IDT with her new unit.  She participated in the May UTA but was in an annual training (AT) status while the rest of the unit was on UTA status.  DPP notes her statement that she was unable to perform IDT training on 13 August 2005 because the entire building was closed on that Saturday and training was not available.  DPP states she did not perform any IDTs during the last nine months of the R/R year.  She did not perform her next IDT until two years later.  Coordination for IDT is required by an authorizing official prior to the Reservist reporting for any training.  Further, had she followed proper procedure, she would know that training was not available on that Saturday.  Ultimately, she is responsible for meeting IDT program requirements.  No injustice occurred and there was ample time for her to fulfill her R/R requirements.

DPP’s complete evaluation is at Exhibit B.

HQ AFRC/A1BR recommends denial.  A1BR states the applicant was inappropriately counseled on her eligibility for a reenlistment incentive upon her reenlistment.  A review of the AFRC incentive list has revealed that her Duty Air Force Specialty Code (DAFSC) of 4A051 was not on the incentive list for the IMA program when she reenlisted.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant has provided a personal statement with several attachments.  She has reiterated her original request for a satisfactory year of service for RYE 1 March 2006 and the reenlistment bonus that she contracted for at her last reenlistment be honored.

Applicant’s complete response, with attachments, is at Exhibit E.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Applicant had recently joined the IMA program and, being new to the program, it appears she was not immediately aware of the rules surrounding the required mix of Inactive Duty Training (IDT) and Annual Training (AT) that she needed to earn in order to qualify for a satisfactory year of service.  Inasmuch as she has shown virtually exemplary attendance in an active duty status both prior to and after the year in question, we agree with her program superintendent that she has performed sufficient active duty to warrant adding the two IDT points necessary to show she earned a satisfactory year of service for RYE 1 March 2006.

Further, we believe she suffered an injustice when she was notified by ARPC that she was eligible for a reenlistment incentive and, upon reenlistment, she did not receive the incentive when after-the-fact analysis by ARPC yielded that she was actually ineligible.  In our opinion, whether or not her AFSC was on the incentive list at this point is immaterial.  She reenlisted on 17 March 2006 for a period of six years in good faith and with the full expectation and promise by the Air Force that she would receive a reenlistment bonus.  Through no fault of her own she did not receive it and we therefore recommend that the records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a.  She was credited with an additional two (2) non-paid, inactive duty points for retention/retirement year 2 March 2005 to 1 March 2006, resulting in 50 total points; and, that the period 2 March 2005 to 1 March 2006 is a year of satisfactory Federal service.

	b.  Upon her 17 March 2006 reenlistment in the Air Force Reserve Individual Mobilization Augmentee program, competent authority approved her entitlement to a Zone B Selective Reenlistment Bonus as an exception to policy.
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The following members of the Board considered AFBCMR Docket Number BC-2007-00869 in Executive Session on 20 September 2007, under the provisions of AFI 36-2603:

XXXXXXXXXX, Member
XXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A. DD Form 149, dated 16 March 2007, w/atchs.
    Exhibit B. Letter, ARPC/DPP, dated 14 August 2007.
    Exhibit C. Letter, AFRC/A1BR, dated 17 July 2007, w/atchs.
    Exhibit D. Letter, SAF/MRBR, dated 17 August 07.
    Exhibit E. Letter, Applicant, dated 10 September 2007,
                       w/atchs.

                                   XXXXXXXXXX
                                   Panel Chair

AFBCMR BC-2007-00869

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 APPLICANT, be corrected to show that:

		a. She was credited with an additional two (2) non-paid, inactive duty points for retention/retirement year 2 March 2005 to 1 March 2006, resulting in 50 total points; and, that the period 2 March 2005 to 1 March 2006 is a year of satisfactory Federal service.

		b. Upon her 17 March 2006 reenlistment in the Air Force Reserve Individual Mobilization Augmentee program, competent authority approved her entitlement to a Zone B Selective Reenlistment Bonus as an exception to policy.

                                                                            XXXXXXXXXX
                                                                            Director
                                                                            Air Force Review Boards Agency