RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03396 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to the Reserve Officer Affiliation Bonus under the provisions of Title 37, United States Code (USC) Section 308j. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He should be entitled to a Reserve Officer Affiliation Bonus since his Air Force Specialty Code (AFSC) 64PX/Contracting, was listed on the 13 Jan 12, Air Force Reserve Command (AFRC) Fiscal Year 2012 (FY12) Critical Skills Officer Incentive Eligible Skills memo. He left the Air National Guard (ANG) and was affiliated with the United States Air Force Reserve (USAFR) in a 64PX Individual Mobilization Augmentee (IMA) position. On 25 Sep 12, he submitted the AFRC Affiliation Bonus Agreement to the Base IMA Administrator (BIMAA); on 23 Apr 13, the BIMAA indicated that despite a year's satisfactory service, he was not eligible for the bonus since he had joined the USAFR from the ANG instead of active duty. On 30 May 13, he received an email from AFRC/AlKP indicating that their denial was based on interpretation of Title 37 USC 308j. AFRC/CC made a determination in January 2012 that 64P officer billets were critically short of manning and in need of an incentive bonus to help restore required end strength. AFRC/AlKP appears to have interpreted Title 37 USC Section 308j in a manner that allowed them to add a caveat to the Commander's program that removed a population of eligible personnel from consideration for the bonus. /AlKP's caveat does not appear to be consistent with the AFRC/CC's overall intent. AlKP's interpretation of Title 37 USC Section 308j needs to be reviewed by an attorney for legal sufficiency. AlKP does not have the authority to limit implementation of the Commander's directive without obtaining from the Commander a revision of the original implementing guidance. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 15 Jan 90, the applicant was commissioned as a Regular officer in the Air Force and entered active duty as a second lieutenant. On 31 Oct 06, he resigned his commission and was appointed as a major in the Kentucky ANG (KYANG). On 5 Apr 12, he was relieved from his assignment with the KYANG and transferred to the Air Force Reserve as an IMA in the grade of lieutenant colonel. ________________________________________________________________ THE AIR FORCE EVALUATION: AFRC/A1K recommends denial stating, in part, that after a careful review of the documentation provided by the applicant he is ineligible for an affiliation incentive because he transferred from the ANG. Therefore, the Command's recommendation of disapproval is established. In accordance with Air Force Reserve Officer Incentive Policy, affiliation incentives are paid to members transferring directly from the Regular Air Force into the Air Force Reserve without a break in service and have less than 20 years of military service from pay date, or for members who affiliate from the IRR while serving the remainder of their Military Service Obligation (MSO). The complete A1K evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The advisory opinion recommends disapproval of his application based on their "Air Force Reserve Officer Incentive Policy" that excludes ANG transferees from affiliation incentives. In AFRC/AlK's 30 May 13 message to him entitled “FW: IG Complaint Reply,” the policy in question was said to have been based on an interpretation of Title 37 USC Section 308j. However, the advisory opinion simply re-states the policy without indicating whether the office's interpretation of Title 37 USC 308j has been reviewed by a USAF attorney for legal sufficiency. This question of legal sufficiency is the core of his application to the Board. Additionally, he seek the Board’s review of AFRC/AlKP's authority to limit implementation of the AFRC/CC's 13 Jan 12 Critical Skills Officer Incentive Eligible Skills directive without obtaining a revision of the implementing guidance from the Commander. 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 error or injustice. We note the applicant questions the legal sufficiency of AFRC’s authority to limit implementation of the AFRC/CC's FY12 Critical Skills Officer Incentive Eligible Skills directive, dated 13 Jan 12 and seeks the Board’s opinion. However, after thoroughly reviewing the available evidence, specifically the contract that states that the AFRC Incentive office would have final approval of eligibility for the Affiliation Bonus; we find no basis to question AFRC’s authority. Therefore we agree with the opinion and recommendation of the Air Force office of primary responsibility adopt the rationale expressed as the basis for our conclusion that the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. Absent persuasive evidence that he was treated differently than others similarly situated or that he was denied rights to which he was entitled; we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2013-03396 in Executive Session on 6 May 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Jul 13, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFRC/A1K, dated 1 Oct 13, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 15 Oct 13. Exhibit E. Letter, Applicant, dated 21 Oct 13, w/atchs. 1 2