RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04116
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, dated 9 Apr 14, be corrected in order to qualify for an incentive based on his Air Force Specialty Code (AFSC).  

APPLICANT CONTENDS THAT:

He was instructed to reenlist outside the bonus eligibility window without repercussions to his AFSC bonus.  

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

STATEMENT OF FACTS:

The applicant initially entered the Air Force Reserve on 14 May 08 for a term of service of six years.  

On 9 Apr 15, according to the applicant’s DD Form 4, he reenlisted for six years.  

On 15 Apr 15, the applicant applied for a six-year reenlistment bonus. 

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D.

AIR FORCE EVALUATION:

ARPC/DPAA recommends granting the applicant’s request, indicating there is evidence of an error or injustice even though the applicant failed to exhaust an available administrative remedy.  The applicant reenlisted into an AFSC that was listed on the Air Force Reserve Command’s Critical Skills as incentive eligible; however, at the time of reenlistment, the member was outside of the 30 day window which made the applicant ineligible.  On 15 Apr 15, the applicant’s Wing Career Advisor Assistant submitted the application to HQ ARPC/DPAA.  The application was returned without action because the member reenlisted outside of the 30-day window.  ARPC/DPAA recommends the Board approve the bonus request even though the applicant was outside the 30 day reenlistment window.  
 
A complete copy of the ARPC/DPAA evaluation is at Exhibit C.

AFRC/A1K recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  AFI 36-2612, United States Air Force Reserve (USAFR) Reenlistment and Retention Program, states reenlistments more than 30 calendar days before a current expiration of term of service (ETS) when in the bonus program requires a waiver by HQ AFRC/A1KK.  After careful review of source documents retrieved from Personnel Records Display Application (PRDA), the member met all eligibility criteria to reenlist 30 days prior to his ETS (13 May 14), however, would have remained eligible to receive an incentive in his AFSC if he had reenlisted within 30 days of his ETS.  The applicant reenlisted on 9 Apr 14 (outside 30 days), therefore making him ineligible to receive the applicable incentive.  Even though the applicant failed to exhaust an available administrative remedy, AFRC/A1K recommends granting the request and proposes language to correct the record to reflect a reenlistment date of 16 Apr 14 (within 30 days).  

A complete copy of the AFRC/A1K evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 16 Dec 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Although the OPR states the applicant failed to exhaust an administrative remedy, the Board being mindful of administrative economy, agreed to waive the failure to exhaust and recommend the applicant’s record be corrected to the extent indicated below. 	

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 9 April 2014, he did not reenlisted in the Air Force Reserve but instead reenlisted in the Air Force Reserve on 16 April 2014, for a period of six years, in the grade of E-5.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04116 in Executive Session on 25 Jan 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04116 was considered:

	Exhibit A.  DD Form 149, dated 27 Aug 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAA, dated 3 Aug 16.
	Exhibit D.  Memorandum, AFRC/A1K, dated 12 Dec 16.
	Exhibit E.  Letter, AFBCMR, dated 16 Dec 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.