RECORD OF PROCEEDINGS

IN THE MATTER OF:                                    DOCKET NUMBER: BC-2021-00593

XXXXXXXXXX                                               COUNSEL: NONE

                                                                            HEARING REQUESTED: NOT INDICATED

APPLICANT’S REQUEST

His date of rank (DOR) to airman first class (E-3) be changed to reflect 14 February 2019, which is his date of enlistment.

APPLICANT’S CONTENTIONS

Due to an erroneous enlistment, his grade was changed from E-3 to E-1.  His DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, was reconstructed to reflect E-1.  It was determined that he was not eligible for a non-prior service critical skills promotion but instead a local bonus.  He incurred a debt of $213.24.  He believes this to be an injustice because he signed the contract reflecting E-3.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air National Guard airman first class (E-3).

On 14 February 2019, according to DD Form 4, with a date of enlistment of 14 February 2019, the applicant certified his pay grade is E-1.  

On 14 February 2019, according to DD Form 4 (CORRECTED COPY), with a date of enlistment of 14 February 2019, the applicant certified his pay grade is E-3.  

On 9 February 2020, the Force Support Squadron superintendent notified the applicant he was not eligible to enlist in the grade of E-3.  However, due to college credits, he was eligible to enlist in the grade of E-2.

On 9 February 2020, according to DD Form 4 (RECONSTRUCTED COPY), with a date of enlistment of 14 February 2019, the applicant’s certified his pay grade is E-2.

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

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-2606, Reenlistment and Extension of Enlistment in the United States Air Force, paragraph 12.7. Erroneous Enlistment/Reenlistment Documents Returned for Correction. An erroneous enlistment/reenlistment document is administrative, involving typographical errors, strikeovers, misspellings, erroneous computation of required retainability, etc.

If a contract is reaccomplished, stamp “RECONSTRUCTED COPY” in the upper margin of the new contract.  The forms are dated using the current date and signed by the Airman’s current commander/civilian director. 

AIR FORCE EVALUATION

NGB/A1PP recommends denying the application.  On 14 February 2019, the applicant was erroneously enlisted with the rank of airman first class.  The authority to enlist a non-prior service enlistee as airman first class is AFMAN 36-2032, Military Recruiting and Accessions, Table 3.1. Rule 5.  The applicant enlisted in Air Force Specialty Code (AFSC) 6F0X1 which was on the FY19 approved retention bonus list; however, the recruiter neglected to look at the FY19 ANG Strength Management Initiatives, paragraph 5, to ensure that it was also listed in the critical skills promotion program.  When the error was caught by the recruiting office, the unit did their due diligence by notifying the applicant and correcting the DD Form 4 in accordance with AFI 36-2606, Reenlistment and Extension of Enlistment in the United States Air Force, paragraph 12.7.3.2.1.  They assisted the applicant in submitting a request to the Defense Finance and Accounting Service (DFAS) to have the debt due to overpayment waived, which was approved.

Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  Every effort is made to ensure that members are enlisted into the appropriate grade at the time of the enlistment; however, administrative errors do occur.  It is unfortunate that the recruiters made this error; however, there was no authority to enlist the applicant as an E-3 upon enlistment.

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 6 April 2021, 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 NGB/A1PP and finds a preponderance of the evidence does not substantiate the applicant’s contentions. While the applicant states his DD Form 4 was reconstructed to reflect the grade E-1, he was informed on 9 February 2020 that he had sufficient college credits to enlist in the grade of E-2.  Therefore, a DD Form 4 was “reconstructed” to reflect his grade as E-2 and on 9 February 2020, the applicant certified/accepted the change.   In addition, the applicant states he incurred a debt because of the error.  However, NGB/A1PP verified with DFAS the applicant’s debt for overpayment of his erroneous grade has been waived. 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-2021-00593 in Executive Session on 11 August 2021:

Mr., Chair, AFBCMR
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 6 February 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1PP, w/atchs, dated 2 April 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 6 April 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.