RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2009-00302

INDEX CODE: 112.05

XXXXXX	COUNSEL: NONE

HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that his Date of Enlistment (DOE) in the Michigan Air National Guard (MIANG) is 3 Nov 07, rather than 21 Oct 07.

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APPLICANT CONTENDS THAT:

He missed-out on eligibility for a $15,000 enlistment bonus because he lacked a break in service when he left the Regular Air Force and joined the MIANG. He actually had 12 days of Inactive Ready Reserve (IRR) service prior to beginning his enlistment with the MIANG. He believes the ANG recruiter backdated his enlistment documentation to remove any break in service not knowing at the time that by doing so it would cost him the bonus.

In support of his appeal, the applicant provides an unsigned letter of explanation from his MIANG recruiter; copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; ANG incentive application; DD Form 4, Enlistment/Reenlistment Document; and incentive eligibility requirements paperwork.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 3 Nov 99 and was progressively promoted to the grade of airman first class effective and with a date of rank (DOR) of 14 Apr 06. He was honorably discharged on 20 Oct 07 after completing 7 years, 11 months, and 18 days of active service. He enlisted in the MIANG ON 21 Oct 07 and participated in his first Unit Training Assembly (UTA) on 3 Nov 07. If he had enlisted with the MIANG with a break in service, he would have qualified for an enlistment bonus. The evidence of record indicates that his enlistment in the MIANG was effective on the day following his DOS, without a break in service. Therefore, he did not qualify for the enlistment bonus. He is currently serving with the MIANG.

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AIR FORCE EVALUATION:

NGB/A1PS notes the subject matter expert (SME), NGB/A1POE, recommends denial. A1POE states the enlistment documentation completed by the applicant forms a legal relationship between the applicant and the US Government. The DD Form 4 was dated 21 Oct 07 in every instance where a date was required. A1POE also notes the applicant’s ANG Incentive Program Eligibility worksheet (supplied by the applicant) states that he “MAY” (emphasis A1POE), be entitled to an enlistment incentive; however, the worksheet is incomplete as it is not signed by the recruiter.

A1PS’s complete evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides a personal statement and several attachments, including a statement of support from his MIANG commander.

Applicant’s complete response, with attachments, is at Exhibit D.

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THE BOARD CONCLUDES THAT:

1. The applicant has exhausted all remedies provided by existing law or regulations.

2. The application was timely filed.

3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We agree with the statement provided by the Support Group Commander at the time, that the recruiter backdated the applicant’s enlistment date in order to preclude a break-in-service and, in doing so, inadvertently removed the applicant from enlistment bonus eligibility. As the applicant’s oath of enlistment with the MIANG was performed on 3 November 2007, his Date of Enlistment (DOE) should reflect this date. Therefore, we recommend the records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was enlisted in the Michigan Air National Guard on 3 November 2007, rather than 21 October 2007.

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The following members of the Board considered AFBCMR Docket Number BC-2009-00302 in Executive Session on 26 January 2010 and 10 May 2010, under the provisions of AFI 36-2603:

Panel Chair

Member

Member

The following documentary evidence with regard to AFBCMR Docket Number BC-2009-00302 was considered:

Exhibit A. DD Form 149, dated 20 Jan 09, w/atchs.

Exhibit B. Letter, NGB/A1PS, dated 3 Mar 10, w/atch.

Exhibit C. Letter, AFBCMR, dated 15 Mar 10.

Exhibit D. Letter, Applicant, undated, w/atchs.

Panel Chair

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2009-00302

MEMORANDUM FOR THE CHIEF OF STAFF

Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

The pertinent military records of the Department of the Air Force relating to XXXXXXX be corrected to show that he enlisted in the Michigan Air National Guard on 3 November 2007, rather than 21 October 2007.

JOE G. LINEBERGER

Director

Air Force Review Boards Agency