RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00293

XXXXXXXXXXXXXX	COUNSEL: NONE

		HEARING REQUESTED: YES 

APPLICANT’S REQUEST

He received an enlistment incentive bonus for his six-year enlistment in Air Force Specialty Code (AFSC) 2A3X5, Fighter Aircraft Integrated Avionics F-22/F-35/MQ-1/MQ-9/RQ-4.

APPLICANT’S CONTENTIONS

His recruiter was either untrained, unaware, or ignorant of proper time period constraints regarding enlistment bonuses.  As a result, he entered into an enlistment with the Air Force Reserve in an AFSC, which did not have a bonus.  

During the recruiting process to enter the Reserve (between Aug and Sep 2016), he asked to be presented with AFSCs that had a current enlistment bonus.  His recruiter provided him with the list, but failed to inform him that the list of AFSCs were only valid for FY16 and at no time during the recruiting process was the notion of timelines for an enlistment bonus discussed.  While the recruiter was aware that he would not be able to enlist until after his separation from active duty in FY17 (27 Dec 16), he was under the impression and joined the Reserve in AFSC 2A3X5 for the purpose of the bonus.    

Due to the nature of the Reserve enlistment bonus, he knew that he would not receive payment until he completed one year of service.  When he did not receive the bonus, he met with his unit career advisor who informed him that because he enlisted in FY17 and his AFSC was not on the critical skills list, he was no longer eligible for a bonus.  The advisor also informed him that this was not a unique occurrence, and that recruiters have been counseled on these mistakes before.  

He has since tried to exhaust all possible avenues of relief by working with his chain of command and the Inspector General (IG) office in an attempt to correct the error.  However, the IG office was only able to verify that the error occurred because of his enlistment in FY17 versus FY16, but offered no method to correct the error.

In support of his application, the applicant provides excerpts from his military records, copies of the IG complaints he submitted regarding his incentive bonus, and a copy of the FY16 Command Critical Skills AFSC Listing that was effective from 1 Oct 15 to 30 Sep 16 and lists AFSC 2A3X5. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 26 Sep 16, AF IMT 1288, Application for Ready Reserve Assignment, the applicant was accepted via the Palace Front program to transfer into the Air Force Reserve and recorded the applicant’s AFSC as AFSC 2A354, Fighter Aircraft Integrated Avionics A-10/F-15/F-16/U-2,  with a start date of 28 Dec 16.  

On 27 Dec 16, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was honorably discharged from the active duty Air Force in AFSC 2M072, Missile and Space Systems Maintenance with 7 years, 11 months and 8 days of active service.

On 28 Dec 16, according to DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, the applicant enlisted in the Air Force Reserve for a period of six years in the grade of staff sergeant (E-5).

According to the applicant’s first enlisted performance report in the Air Force Reserve with period of report, 1 Feb 16 thru 31 Jan 17, the applicant’s AFSC is listed as 2A355.  In addition, the applicant’s Report on Individual Personnel (RIP) confirms that the applicant’s Duty AFSC was a 2A355.  

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

APPLICABLE AUTHORITY/GUIDANCE

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.

According to the FY17 Command Critical Skills AFSC Listing, effective 1 Oct 16 to 30 Sep 17, the 2A3X5 AFSC is not listed as an eligible AFSC.

For more information, see the excerpt of the applicable authority at Exhibit C.
 
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 and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes that the applicant enlisted in the Air Force Reserve on 28 Dec 16 in  Air Force Specialty Code 2A3X5, Fighter Aircraft Integrated Avionics F-22/F-35/MQ-1/MQ-9/RQ-4, which was not listed as an eligible AFSC on the FY17 Command Critical Skills AFSC Listing and therefore not eligible for a bonus.  Furthermore, the applicant has provided insufficient evidence to show that the Reserve recruiter miscounseled him or that he conducted his due diligence to ensure that he was enlisting in an AFSC that was eligible for a bonus.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2021-00293 in Executive Session on 19 Nov 21:

, 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 22 Feb 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Applicable Authority

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.