RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01665 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His 14 Oct 12 reenlistment be voided and his original Expiration Term of Service (ETS) of 31 Mar 13 be reinstated. ________________________________________________________________ APPLICANT CONTENDS THAT: He only reenlisted because his Wing career assistance advisor told him he was eligible to receive a bonus. His advisor further stated if the bonus was not valid that he would revert back to his original ETS. In support of his request, the applicant provided an expanded statement, copies of his DD Forms 4/1, Enlistment/Reenlistment Document Armed Forces of the United States, and supporting documentation from his unit. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of technical sergeant (E-6). On 14 Oct 12, the applicant reenlisted in the Air Force Reserve for a period of six years. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial indicating there is no evidence of an error or an injustice. Per AFI 36-2638, Air Force Reserve Enlisted Incentives, service members who wish to reenlist with an incentive must be within six months of previous ETS, reenlisting in a bonus Air Force Specialty Code (AFSC) in effect on the date of reenlistment, and awarded at least a 3-skill level bonus AFSC. An AF IMT 4021, Application for Incentive Participation, must be prepared and submitted. The AF IMT 4021 certifies the service member has been informed of and understands the commitment which entitles them to an incentive. A review of the documentation provided indicates the applicant was not eligible for a bonus and a contract had not been completed guaranteeing the bonus. Per AFI 36-2612, United States Air Force Reserve Reenlistment and Retention Program, the reenlistment is a legally binding contract and must be fulfilled. If a service member wishes to separate from the Air Force Reserve they must exhaust all administrative avenues prior to applying for a correction of military records. The criteria for requesting an early separation are contained in AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members; therefore, if the applicant wishes to apply for separation, he should contact his military personnel section for assistance. A complete copy of the AFRC/A1K evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: His career service advisor told him and fellow serviceman that if the bonus was not valid the reenlistment would be voided and his original ETS would be reinstated. He was not familiar with the paperwork required to reenlist. He depended on the knowledge of the career advisor and the MPF personnel for his reenlistment and eligibility for the bonus. He was not aware the bonus expired at the end of September 2012. He and his witness reenlisted within two weeks of each other. His witness was notified six months after reenlisting that he needed to sign a contract for the bonus; however, he was never informed he needed to sign a contract for the bonus. He understands his reenlistment is a binding contract. He was lead to believe he was eligible and would get the bonus by the Wing career advisor, the MPF, and AFRC. He believes this is a breach of contract and that this matter should be looked into. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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. The applicant argues that because he was miscounseled regarding his eligibility for a reenlistment bonus, that his reenlistment contract should be declared void. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response, we are not convinced that corrective action is warranted. While it appears as though the applicant may have been miscounseled regarding his eligibility for a reenlistment bonus, we are not convinced that this Board, the highest level of administrative level of appeal in the Air Force, should recommend corrective action when the applicant has not exhausted available administrative avenues of relief. In this respect, we note that if the applicant desires to no longer serve in the Air Force Reserve, there are a variety of provisions in AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, that allow a commander to approve a request for voluntary separation. Therefore, until such time as the applicant is able to exhaust his administrative avenues of relief, we are not convinced that it would be appropriate to recommend granting the requested relief, particularly when doing so would be adverse to the applicant as it would nullify whatever service he has performed since he reenlisted. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01665 in Executive Session on 4 Feb 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01665 was considered: Exhibit A. DD Form 149, dated 10 Mar 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFRC/A1K, dated 21 Aug 13. Exhibit D. Letter, SAF/MRBR, dated 19 Sep 13. Exhibit E. Letter, Applicant, dated 14 Oct 13. 1 2