RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01543
								INDEX CODE:  128.05
	XXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her records be corrected to reflect her entitlement to a $6,000 Initial Enlistment Bonus (IEB).

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APPLICANT CONTENDS THAT:

While at the Military Entrance Processing Station (MEPS), the contract she signed was written for $3,000; however, the authorized bonus upon enlistment was $6,000, and she should not be penalized for a policy change between her MEPS date and her enlistment date.

In support of her appeal, she has provided copies of three AF Form 3008s, Supplement to Enlistment Agreement – United States Air Force, she signed on 25 August 2005, 13 December 2005, and 29 December 2005. 

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for 4 years on 13 December 2005, and, on that date, signed an AF Form 3008 which entitled her to a $3,000 IEB upon completion of technical training and being awarded the three-skill level in the 1N335 Air Force Specialty Code (AFSC).  The form was also signed by an Air Force representative certifying that he had discussed each applicable entry on the form with her and that he had personally verified she met the requirements for the enlistment option chosen.

On 29 December 2005, a different Air Force representative from the 319th Training Squadron (TRS) crossed-out the “$3,000” entry on the applicant’s AF Form 3008, typed “$6,000” next to it, and typed “CORRECTED BONUS/2005DEC29” in the remarks section of the 

form.  The 319th TRS representative and the applicant both initialed and signed next to these changes.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends the applicant’s request be denied.  According to the IEB quarterly listing approved by the Air Staff, $3,000 was the authorized IEB for a 4-year term of enlistment, and the 29 December 2005 IEB change to $6,000 was an administrative error.  Changes to a contract must be sent to AFPC/DPPAES for approval and an AF Form 3009, Change to Enlistment Agreement – United States Air Force, must be accomplished.  There is no AF Form 3009 to authorize additional IEB monies, and she is entitled to the $3,000 IEB in accordance with the original AF Form 3008, dated 13 December 2005.

The AFPC/DPPAE evaluation, with attachments, is at Exhibit C.

USAF/JAA recommends the applicant’s request for relief be denied.  The burden is on her to demonstrate with evidence, not conclusory assertions, that the Air Force committed a prejudicial error or injustice, and she has not met that burden.

There is no evidence suggesting there was any type of policy change that would impact IEBs in general or the applicant’s IEB in particular.  Further, there is no AF Form 3009 in the case file to indicate an additional IEB had been authorized by AFPC/DPPAES, the approval authority for changes to an enlistment contract.

Any modifications to an IEB contract amount must be properly processed and authorized in accordance with Air Force Instruction (AFI) 36-2002.  Per AFI 36-2002, A.10.2 and A.10.6, 319th TRS representatives may identify and correct misspelled names, incorrect social security numbers, and any other obvious typographical errors – not problems with enlistment incentive options.  Instead, the AFI directs the 319th TRS to refer such perceived problems through channels to AFPC/DPPAES for a determination as to whether corrective action is warranted.

It is well settled the United States is not bound by agents who act beyond their authority and contrary to regulation.  Further, the United States is not barred from repudiating erroneous advice/actions of its officials.  Here, there is no evidence the Air Force representative referred the applicant’s file to the appropriate authorities prior to making the change to her IEB options.  Rather, he appears to have made this change on his own, without proper authority, and contrary to Air Force Regulations.  Accordingly, since the authorized IEB 
for her 4-year term of enlistment was $3,000, both at the time of her enlistment in the Delayed Enlistment Program (DEP) and at the time of her entry on active duty, and since the Air Force representative who changed this amount to $6,000 did not have actual authority to do so, she is only authorized a $3,000 IEB.  Additionally, there is no evidence the error prejudiced the applicant – the additional $3,000 did not impact her decision to enlist (the change was made over two weeks after she signed the AF Form 3008 containing the $3,000 IEB) – and the facts and circumstances do not present a basis for a finding of injustice.

The USAF/JAA evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the AFPC/DPPAE evaluation was forwarded to the applicant on 8 June 2007, for review and comment, within 30 days, and a complete copy of the USAF/JAA evaluation was forwarded to the applicant on 20 March 2008 for review and comment within 30 days.  However, as of this date, no response has been received by this office.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice as there is no evidence the applicant’s file was referred to the appropriate approval authorities prior to a change being made to her IEB options.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 Docket Number BC-2007-01543 in Executive Session on 1 May 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 May 2007, w/atchs.
    Exhibit B.  Automated Records Management System Extract.
    Exhibit C.  Letter, AFPC/DPPAE, dated 30 May 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jun 07.
    Exhibit E.  Letter, USAF/JAA, dated 14 Mar 08.
    Exhibit F.  Letter, AFBCMR, dated 20 Mar 08.