RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03067

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He receive an incentive bonus payment for accession into the Air Force Reserve (AFRes).

APPLICANT’S CONTENTIONS

The AFRes Command Fiscal Year 2018 (FY18) incentive list uses language that is ambiguous and does not exclusively rule out appointment sources as identified by Air Force Instruction 36-2005, Officer Accessions.  Further, the AFRes Officer Accession Bonus Written Agreement, which is furnished by the AFRes recruiter and required as part of the on-boarding process does not preclude prior-service appointments.  He and his recruiter executed the form with the understanding that he may qualify for the bonus.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving AFRes captain (O-3).

The applicant is a former member of the XXXXXX Air National Guard (ANG).  He was honorably discharged on 24 July 2018 and credited with 9 years, 10 months and 12 days total service for pay.

On 25 July 2018, the applicant entered into the AFRes.

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

AIR FORCE EVALUATION

ARPC/DPAT 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.
  
On 18 October 2018, the applicant’s unit submitted an accession incentives application for approval, however, the application was denied by HQ ARPC/DPAA.

AFI 36-3012, Military Entitlements, paragraph.5.5 notes that incentives are granted to a person who is newly appointed in the Reserves and meets the following criteria:  be a non-prior service applicant or newly appointed prior enlisted service member.  The applicant was appointed into the XXXXXXX ANG on 19 November 2015; and therefore, was not a newly appointed officer at the time of his reserve assignment.  Air Force Instruction (AFI) 36-2005 has been superseded by Air Force Manual (AFMAN) 36-2032 – Military Recruiting and Accessions. AFMAN 36-2032 does not include any references to officer accession incentives.

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 11 February 2021 for comment (Exhibit D).  The applicant responded stating per the advisory opinion, AFI 36-3012 - Military Entitlements, paragraph 5.5, Officer Accession Incentive, was referenced as the authoritative guidance for why a prior service commissioned officer would not receive an accession incentive.  This publication was not published until one year after he was appointed into the Reserve and several months after his alleged injustice.  Prior to this publication, there was not an AFI that provided authoritative guidance on officer accession incentives.

This lack of guidance with explicit qualification/disqualification criteria similar to what is now presented contributed to the confusion.  Terms such as accession, appointment, and commission were used interchangeably in the AFRes Command FY18 Incentive List and Officer Incentive Guidance and were understood to mean “newly appointed prior enlisted service member” or “non-prior service applicant” by the HQ ARPC/DPAA, Special Pay and Incentives Office, when the prevailing AFI at the time (i.e., 36-2005) did not limit these terms to only these criteria.

The applicant’s complete response is at Exhibit E.

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 ARPC/DPAT 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-2020-03067 in Executive Session on 30 March 2021:

Mr., Panel Chair
Ms., Panel Member
Mr., Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 June 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAT, dated 26 January 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 11 February 2021.
Exhibit E:  Applicant’s Response, dated 12 February 2021.

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.