RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01556
		INDEX CODE:  128.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  18 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to allow him to receive the reserve enlisted incentive bonus.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He is indebted to the Air National Guard (ANG) for $6,250.  After his discharge from the active duty Air Force, he entered the ANG.  A few months later, he realized he did not enjoy the 3-hour commute to his duty station and decided to return to a flying assignment.  He was fully aware that he would owe a debt to the ANG to repay the portion of his bonus that had not been fulfilled; however, he met with an Air Force Reserve Recruiter who informed him that his career field was in a bonus category and that he would receive a bonus upon transferring to the Reserves.  The recruiter then verified this information with the point of contact (POC) for bonuses.  He completed the paperwork and transferred to the Reserves effective 2 Feb 07.

On 27 Feb 07, he noticed that his Unit Personnel Record Group (UPRG) stated he was not receiving a bonus.  He contacted the same bonus POC who then notified him that he was not authorized a bonus.  She explained that since the Reserves took over his contract and he did not reenlist for 6 years, he was not authorized the affiliation bonus.  He was miscounselled.  The misinformation led to his decision to transfer from the ANG to the Reserves.

In support of the application, the applicant submits a copy of the advisory opinion, a copy of a statement from the recruiter, a copy of the recoupment letter from the ANG, and a copy of the statement from the Reserve recruiter.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the ANG's recoupment letter states the applicant entered the ANG on 2 Aug 06 and terminated from the Incentive Program on 1 Feb 07.  He was paid $7,500 of a $15,000 contract bonus.  He earned $1,250.00 of the $7,500 resulting in a debt of $6,250 because he transferred to another reserve component (not ANG).

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is currently serving in the Reserves in the grade of Staff Sergeant (E-5).  His duty Air Force Specialty Code (AFSC) is X4N071 (Flight Support Tech/AET).  His estimated term of separation (ETS) date is 1 Aug 2012.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate office of the Air Force at Exhibits C, D and F.

_________________________________________________________________

AIR FORCE EVALUATION:

The 349th MSS/DPMS recommends the applicant be authorized to reenlist into the Air Force Reserve retroactively to his gain date in order to qualify for the Reserve Bonus Incentive program or that his debt be waived.  DPMS states the applicant's decision to transfer from the ANG to the Reserves was based on the assumption that he would be eligible for the Reserve Enlisted Incentive program which would allow him to repay his ANG bonus debt.  Unfortunately, a vital piece of information, regarding his ETS was not addressed.  DPMS opines had the applicant been properly counseled, he would have stayed with the ANG to preclude a financial debt.  

The complete DPMS evaluation, with attachments, is at Exhibit C.

HQ AFRC/A1B recommends denial of the applicant's request for a Reserve Incentive bonus.  A1B states the applicant entered the Reserves under an assumption that he would be eligible for the Reserve Enlisted Incentive program.  A1B notes he transferred from the ANG with knowledge that he had received an Affiliation Bonus from the ANG.  A1B opines the applicant's assumption was based on a phone conversation between his recruiter and the 349th MSS.  A1B states the military personnel flight (MPF) provides specifics in regards to incentive counseling before determining member's eligibility for incentive.

The complete A1B evaluation is at Exhibit D.

AF/REPX recommends the applicant be allowed to reenlist for six years retroactively to 3 Feb 07, his original gain date in the Air Force Reserve, allowing him to receive a reenlistment bonus.  REPX states according to Title 37, Section 308C and Public Law 109-163, Section 631, the applicant is ineligible for an enlistment bonus because he has prior military service or an affiliation bonus because he did not enter the Air Force Reserve directly from active duty.  However, he would be eligible for a $15,000 reenlistment bonus according to Title 37, Section 308b, and Public law 109-163, Section 633, if he reenlists for six years.  

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 23 Aug 07, the applicant agreed with the AF/REPX recommendation that he be allowed to reenlist into the Air Force Reserves in order to receive an incentive bonus which would allow him to pay off his ANG debt.  He wants to continue to serve his country.  He also submitted an address change (Exhibit H).
_________________________________________________________________

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 an injustice warranting relief.  After reviewing the facts and circumstances, we are satisfied the applicant was mis-counseled on the Reserve IEB policy and relied on the misinformation to his detriment.  In addition, we agree with AF/REPX's opinion and recommendation that he should be allowed to reenlist. Therefore, we recommend the applicant's record 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 on 3 Feb 07, he was enlisted in the Air Force Reserves with a $15,000 bonus.  This bonus amount will be immediately offset by the current outstanding balance of the debt which is the unearned portion of his August 2006 Air National Guard incentive bonus.

_________________________________________________________________

The following members of the Board considered AFBCMR BC-2007-01556 in Executive Session on 27 September 2007, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 May 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, 349 MSS/DPMS, dated 7 May 07.
     Exhibit D.  Letter, HQ AFRC/A1B, dated 18 Jun 07.
     Exhibit E.  Letter, SAF/MRBR, dated 3 Jul 07.
     Exhibit F.  Letter, AF/REPX, dated 9 Aug 07.
     Exhibit G.  Letter, AFBCMR, dated 10 Aug 07.
     Exhibit H.  Letter, Applicant, dated 23 Aug 07.