RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03597 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect eligibility for the Enlisted Incentive Program bonus at the time of his enlistment on 17 June 2010. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. When he enlisted in the Air Force Reserves he chose a career field that included a $15K enlistment bonus with the hope of providing the much needed financial assistance for his family. It was his understanding that the Air Force would provide half of this bonus after completion of his required training, and half throughout the remainder of the six-year commitment. He enlisted, completed training, and continued to train and serve in good faith that he would receive the enlistment bonus upon completion of basic training and technical training schools. 2. He achieved Warhawk status for fitness excellence in basic training and he was an Airman Leader as well as President of the Airman's Council at technical training school. He graduated both schools with honors. In December 2010, upon completion of training and returning home, he was told by word-of-mouth that he was not going to receive his enlistment bonus until June 2011, the 1-year anniversary of his enlistment. He inquired about this within his chain of command but was not able to get confirmation. 3. In May 2011, he began to send his Chief e-mails inquiring about the bonus and asking what else needed to be done to begin the process. In June 2011, he sent a letter of request for assistance to his congressman and received a response back which included the written response from the Air Force to his congressman. A discrepancy in the Air Force letter stated that in December 2010, he declined the offer to submit the incentive bonus application to the Personnel Division of AFRC “just in case.” He had no official notification of his ineligibility for the incentive bonus until the June 2011 e-mail. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to copies of documents extracted from the Automated Records Management System (ARMS), the applicant signed an initial enlistment contract on 17 June 2010, agreeing to serve in the Air Force Reserves for 6 years. Effective 28 February 2012, the applicant was relieved from assignment with the Air Force Reserves. He enlisted in the Maine Air National Guard on 29 February 2012 and is currently serving in the grade of Senior Airman, E-4. According to documentation submitted by the applicant, in addition to the 17 June 2010 enlistment contract, he also signed a DD Form 1966/4, Record of Military Processing – Armed Forces of the United States, stating that “based on documentation furnished, he met the initial eligibility requirements for the Enlisted Incentive Program in Duty Air Force Specialty Code (DAFSC) 3D0X3. However, entitlement to the incentive is contingent upon his meeting all eligibility requirements on the date HQ AFRC/A1BR approves the entitlement to bonus payments.” The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial. A1K states in accordance with AFI 36-2638, Air Force Reserve Enlisted Incentives, para 1.1.1., non-prior service personnel must enlist in a bonus Duty Air Force Specialty Code (DAFSC) in effect on the date of their enlistment in order to be given the entitlement incentive. The applicant enlisted as a 3DOX3, Cyber Systems Surety Helper, on 17 June 2010, at Westover Air Reserve Base (ARB) for six years. This DAFSC was not authorized an incentive for Westover ARB during Fiscal Year (FY) 2010 (1 Oct 09-30 Sep 10). Furthermore, the documentation the applicant provided does not substantiate his request for an incentive bonus. Thus, due to the lack of documentation to support approval of the applicant's request, the basis for recommended disapproval is established. The complete AFRC/A1K evaluation is at exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 November 2012 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ 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. After a thorough review of the evidence of record and the applicant’s complete submission, we are persuaded relief is warranted. We note the comments of the Air Force office of primary responsibility indicating the 3DOX3, Cyber Systems Surety Helper, DAFSC was not authorized an incentive bonus for Westover ARB during Fiscal Year (FY) 2010. On the other hand, the applicant selected the 3D0X3 DAFSC from the unit’s Master Incentive List presented to him. Had the applicant been advised the DAFSC he selected would not pay a bonus, he would have been able to select one that did. However, neither the recruiter nor the mission support squadron personnel were aware of the AFRC determination that the incentive eligibility for airmen in 3DOX3 positions would be based on the original DAFSC of the assigned position, prior to the conversion. We are persuaded that the AFRC determination deprived the applicant of necessary information in order to properly consider his enlistment options. It is significant in this case that the applicant relied to his detriment on the representations of Air Force personnel. Therefore, we believe it is in the interest of justice to grant the applicant the enlistment incentive bonus he would have received for the time served in the Air Force Reserve had he held an approved DAFSC on the day he signed the agreement. We believe this constitutes full and equitable relief based on the total circumstances of his case. Therefore, we recommend his records be corrected as indicated below. ________________________________________________________________ 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. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he enlisted for 6 years on 17 June 2010, for a $15,000 incentive bonus and, based on his participation in an approved Air Force Specialty Code, he is entitled to be paid $8,625.00. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 16 April 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2012-03597: Exhibit A. DD Form 149, dated 9 July 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/A1K, dated 30 October 2012. Exhibit D. Letter, SAF/MRBR, dated 6 November 2012.