RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-00386

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His current reenlistment effective date be changed to 1 Sep 13.
2.  He receive the reenlistment bonus authorized at that time.

APPLICANT CONTENDS THAT:

He received an email from his Unit Training Manager (UTM) stating a $15,000 signing bonus was available for all Air Force Specialty Codes (AFSC) in the Air National Guard (ANG) if enlistment/reenlistment occurred by 30 Sep 13.  He asked to be scheduled for reenlistment on 18 Aug 13, but the UTM erroneously scheduled a retention meeting with the commander instead.  He identified the error to the UTM and asked if he could be scheduled to reenlist the week of 19-23 Aug 13, but was informed local policy required he wait until the next Unit Training Assembly (UTA).  He followed that guidance and reenlisted on 14 Sep 13 (the next scheduled UTA).  He was later informed by the Retention Office that since his Expiration Term of Service (ETS) date was 2 Oct 13, and within 30 days of his reenlistment, his reenlistment date would be changed to 3 Oct 13, making him ineligible for the reenlistment bonus.

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

STATEMENT OF FACTS:

On 14 Sep 13, the applicant signed the DD Form 4/1, Enlistment/Reenlistment Document Armed Forces of the United States, reenlisting in the Michigan Air National Guard (ANG) for a period of six years.

The applicant is currently serving with the Michigan ANG.

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

AIR FORCE EVALUATION:

NGB/A1PP recommends partial grant, with the applicant’s effective date of reenlistment changed to 18 Aug 13 rather than 1 Sep 13.

In accordance with (IAW) Air National Guard Instruction (ANGI) 36-2002, Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force, Table 4.3, Rule 2:  An Airman who is reenlisting within 30 days or less prior to ETS, then reenlist for a period requested by the member and approved by the unit commander.  The effective date of reenlistment will occur the next day after current ETS.

Because the applicant was required to wait until the September UTA to reenlist due to local policy, instead of during the August UTA as he originally requested, the effective date was set IAW ANGI 36-2002.  Had he been able to reenlist in July or August, he would have been more than 31 days prior to his ETS and the effective date would not have been recorded as 3 Oct 13, making him eligible for the bonus.

Instead of adjusting his reenlistment date to 1 Sep 13, as the applicant requested, recommend his reenlistment date be corrected to 18 Aug 13, the first date he attempted to reenlist.

A complete copy of the NGB/A1PP evaluation is at Exhibit C.

NGB/A1Y recommends granting the applicant’s request, indicating there is evidence of an error or an injustice.

There was a communications breakdown within the applicant’s unit.  If the applicant had been allowed to reenlist during the period the bonus was offered, as he requested, he would have been eligible to enter a written agreement to receive the reenlistment bonus.  The applicant meets all other eligibility criteria for the bonus.

A complete copy of the NGB/A1Y evaluation is at Exhibit F.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant agreed with the OPR’s recommendation to change the effective date of reenlistment to 18 Aug 13.  Additionally, because the ANGI 36-2002 requirement to reenlist no more than 90 days prior to ETS was waived to maximize eligibility for this bonus, he assumed the rule for reenlisting within 30 days of ETS was also waived.  He also made clear his application requested the effective date of reenlistment be changed and he be authorized the signing bonus.

The applicant’s complete rebuttal, 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.  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, to include his rebuttal agreeing with the Air Force Offices of Primary Responsibility (OPR) recommendation to change the effective date of reenlistment to 18 Aug 13 and clarification regarding approval of the signing bonus.  Therefore, we adopt the OPRs’ rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Accordingly, 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 the APPLICANT be corrected to show on 18 August 2013, he reenlisted in the Michigan Air National Guard for a period of six (6) years, with entitlement to the $15,000 Reenlistment Cash Bonus offered at that time, assuming all other requirements are met.

The following members of the Board considered AFBCMR Docket Number BC-2016-00386 in Executive Session on 11 Jul 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-2016-00386 was considered:

	Exhibit A.  DD Form 149, dated 6 Apr 15, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PP, dated 18 May 16.
	Exhibit D.  Letter, AFBCMR, dated 12 Aug 16, w/atch.
	Exhibit E.  Letter, Applicant Rebuttal, dated 22 Aug 16, w/atchs.
	Exhibit F.  Memorandum, NGB/A1Y, dated 14 May 17.
	Exhibit G.  Email, AFBCMR, dated 5 May 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-00386, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.