RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00716

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be paid $15,000 reenlistment bonus for reenlisting in 2016.

APPLICANT’S CONTENTIONS

He was misled, and reenlisted early in order to receive a bonus.  However, because he reenlisted early he became ineligible to receive a bonus.  The mistake was not reported to him until two years after the incident.  He was continuously told his bonus was being processed, but he has yet to receive any payment.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve technical sergeant (E-6).

On 12 Jul 12, the applicant enlisted in the Air Force Reserve for a period of six years, establishing an Expiration Term of Service (ETS) of 11 Jul 18.

On 5 Dec 15, the applicant requested a four-month extension of his 12 Jul 12 enlistment, in order to obtain retainability to attend school.

On 13 Aug 16, the applicant reenlisted in the Air Force Reserve for a period of six years, more than 30 days prior to his 11 Jul 18 ETS.

The applicant’s pay date is 12 Jul 12.  At the time of his reenlistment on 13 Aug 16, he did not have six years of service based on his pay date.

The applicant provided an AF Form 4021, Application for Incentive Participation, on which he signed for a reenlistment incentive bonus for 6 years, on 14 Aug 16, for AFSC 3P051.  However, the form does not contain a Reserve Personnel Manager (RPM) signature in item 10a.

The applicant is serving in Air Force Specialty Code (AFSC) 3P0X1, which was included on the Fiscal Year 2016 (FY16) Command Critical Skills List.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

AFI 36-2606, Reenlistment and Extension of Enlistment in the United States Air Force, dated 27 Jul 17, Paragraph 5.13.4.2.:  Incentive eligible members currently receiving an incentive must reenlist within 30 days of current ETS.  AFRC/A1K may waive the requirement.  However, member must reenlist prior to ETS for bonus consideration.  Termination of the incentive does not adjust the window of reenlistment eligibility.

AFI 36-2638, Air Force Reserve Enlisted Incentives:
1.2. Prior Service Enlistment Incentive Eligibility Criteria. Member:
1.2.1. Is enlisting in the Air Force Reserve for a term of 3 or 6 years.
1.2.2. Is enlisting in a bonus DAFSC in effect on the date of enlistment.
1.2.3. Has not previously been granted an incentive in any Reserve component and the specialty associated with the position the member is enlisting, is a specialty in which member served while on active duty, and is fully qualified.
1.2.4. Is not enlisting under the PALACE CHASE Program.
1.2.5. Received an honorable discharge from previous military service.
1.2.6. Is not enlisting to qualify for a civilian position where membership in the Reserve is a condition of employment.
1.2.7. Has completed any active service commitment and possesses less than 14 years total service (based on Armed Forces enlistment contractual agreement on pay date) at the time of enlistment.
1.2.8. Is not enlisting for voluntary assignment to full-time active duty for training in excess of 90 days in support of the Reserve program (does not include individuals attending formal schools over 90 days in length).
1.2.9. Is not being released from active duty for enlistment in a Reserve component (does not include transfer to Ready Reserve, according to a member’s Military Service Obligation [MSO]).

1.3.8. If a member has a bonus, reenlistment more than 30 days before their ETS requires a waiver from HQ AFRC/DPMB prior to reenlistment unless they are reenlisting for the Montgomery G.I. Bill.  Although reenlistment for the G.I. Bill can take place at any time, it does not automatically make a member eligible for a reenlistment bonus.

AIR FORCE EVALUATION

AFRC/A1K recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant does not meet reenlistment incentive eligibility criteria to receive the $15,000 bonus incentive, in that he does not have six years of service based on his pay date.  The applicant has four years of service based on pay date of 12 Jul 12.  On 13 Aug 16, the applicant enlisted for six years, establishing an ETS of 11 Jul 18.  He should not have reenlisted prior to 11 Jun 18.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 9 Feb 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFRC/A1K and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2020-00716 in Executive Session on 14 Dec 20 and 12 Apr 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Apr 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFRC/A1K, w/atchs, dated 7 Feb 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 9 Feb 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.