RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01689

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her Date of Enlistment (DOE) reflect 19 September 2021 rather than 14 October 2021.

APPLICANT’S CONTENTIONS

She was briefed that she may be eligible for the bonus if she reenlisted within 90 days of her Expiration Term of Service (ETS).  In accordance with Fiscal Year 2021 (FY21) ANG Incentive Program Operational Guidance, Attachment 4-4 - Selective Retention Bonus, “In order to qualify for this incentive, applicant must: Reenlist within 90 days of their ETS if not currently serving in an incentive obligation period. Reenlist within 31 days of their ETS if currently serving in an incentive obligation period.”  Further, there is a rule in AFI 36-2606, Table 12.1 that requires the DOE on a reenlistment to be postdated if executed within 30 days of the members original ETS.  This rule moved his DOE from FY21 into FY22.  She raised her hand and swore her reenlistment oath on 19 September 2021and was told this would make her eligible for an FY21 Incentive.  However, her ETS was 13 October 2021.  The difference between 19 September 2021 and 13 October 2021 is 24 days and as such her DOE is recorded as 14 October 2021, crossing fiscal years, and rendering her ineligible for the FY21 Selective Retention Bonus she was expecting to be eligible for.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air National Guard (ANG) technical sergeant (E-6).

On 14 October 2015, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant enlisted in the ANG for a period of eight years in the grade of airman basic (E-1).  

On 14 October 2021, according to DD Form 4, the applicant reenlisted in the ANG for a period of six years in the grade of staff sergeant (E-5).  

According to a Retrieval Applications Website (RAW) Surf, the applicant’s DOE reflects 14 October 2021.

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

AIR FORCE EVALUATION

NGB/A1PP recommends denying the application.  The applicant committed to a six-year reenlistment term on 19 September 2021 under the assumption she was eligible to receive a $30,000 federal reenlistment bonus for her Air Force Specialty Code (AFSC) 2A571 in FY21.  She had previously seen acknowledgment of bonus eligibility on a local worksheet otherwise known as a “Reenlistment Worksheet” and was verbally told she was under eligibility to receive a bonus, during her reenlistment process.  Unfortunately, the applicant was later denied the federal bonus due to AFI 36-2606, Table 12.1, Rule 2, which states the effective date of reenlistment must conform to her previous ETS day and month of 13 October, and DOE outside of the FY21 qualifications for bonus eligibility. 
 
Based on the documentation provided by the applicant and analysis of the facts, there is no due process option available to legally and without violation of AFI 36-2606, Table 12.1, Rule 2 and the dates provided in the Fiscal Year 2021 ANG Incentive Program Operational Guidance to grant an exception to policy to move the applicant’s DOE from 14 October 2021 to the date of the Oath of Enlistment, 19 September 2021.

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 August 2022 for comment (Exhibit D), and the applicant provided a letter from the 133 FSS/CCC, Senior Enlisted Leader, dated 30 August 2022.  The Senior Enlisted Leader indicated the advisory fails to consider the waiver authority inherent to the instructional reference used and asserts there are legal implications preventing approval where none exist.  If it was law that prescribed the term DOE for a member to be based on the proximity of their Oath of Enlistment to their current Expiration Term of Service, the Table and/or Rule referenced would have been identified as T-0.  Additionally, he was informed that there was no law requiring the DOE to be moved and that it’s only the instruction that requires it.

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 NGB/A1PP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant’s ETS was 13 October 2021 and she reenlisted on 19 September 2021.  AFI 36-2606, Table 12.1, Rule 2 states, an airman who is reenlisting within 30 days or less prior to ETS, will have an effective date of reenlistment occurring the next day after the current ETS. The applicant’s new date of enlistment became 14 October 2021, pushing her past the FY21 cutoff date for the incentive.  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-2022-01689 in Executive Session on 8 November 2022:

, 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 17 June 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1PP, dated 1 August 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 11 August 2022.
Exhibit E:	Applicant’s Response, dated 30 August 2022.

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.