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AF | BCMR | CY2001 | 0002403
Original file (0002403.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                            DOCKET NUMBER: 00-02403
                                             INDEX CODE: 112.05

                             COUNSEL:NONE

                                  HEARING DESIRED:NO

__________________________________________________________________________
______________________

APPLICANT REQUESTS THAT:

He receive payment of an initial enlistment bonus (IEB) of $4000  as  stated
in his enlistment agreement of 18 Mar 98.

__________________________________________________________________________
______________________

APPLICANT CONTENDS THAT:

The Air Force's decision  to  pay  him  the  enlistment  bonus  due  to  his
reclassification is a breach of contract.  In  support  of  his  appeal,  he
provided a copy of the supplement to his enlistment agreement (Exhibit A).

__________________________________________________________________________
______________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.
Accordingly, there is no need to  recite  these  facts  in  this  Record  of
Proceedings.

__________________________________________________________________________
______________________

AIR FORCE EVALUATION:

The Skills Management  Branch,  AFPC/DPPAE,  reviewed  the  application  and
recommends the applicant's request be denied.  At  the  time  the  applicant
enlisted, there was no bonus awarded  for  the  lN431  Air  Force  Specialty
(AFS).  They state that the Military Personnel Flight's (MPF)  inclusion  of
an  IEB  on  the  applicant's  supplemental  enlistment  agreement  was   an
administrative error and is not legally binding as he was not authorized  to
receive an IEB in the 1N431 AFS.  The error was administrative and it  would
not be equitable to issue a bonus the Air Force was unable to  offer  others
who enlisted during the same time frame (Exhibit C).

In response to the Board's request, the General Law  Division,  HQ  USAF/JAG
reviewed  the  application  and  recommended  the  request  be  denied.  JAG
indicated that paragraph  4.2.1  of  AFI  36-2002,  Regular  Air  Force  and
Special Category Accessions, states that HQ USAF/DPXPS  determines  eligible
AFSs for IEB purposes.  When the applicant enlisted on 18 Mar 98, the  IN431
AFS was not designated as critical.  Although a  staff  sergeant  acting  on
behalf of the USAF executed the defective AF Form 3008 on 7 Feb 00, she  had
no actual authority to do so  since  the  1N431  was  not  designated  as  a
critical AFS when the applicant originally enlisted on 18 mar 98.
Unauthorized acts of a Government agent are not binding on  the  Government.
Federal Corp Ins. Corp. v. Merrill,  332  U.S.  380,384  (1947);  Porter  v.
United States, 204 Ct.C.335,496 F.2d 583(1974)  ,  cert.  denied,  420  U.S.
1004(1975).

A complete copy of the evaluation is attached at Exhibit D.

__________________________________________________________________________
______________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant for review and response.  As of this date, no  response  has  been
received by this office.

__________________________________________________________________________
______________________

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 probable error or injustice.  The evidence provided has led  us
to consider it reasonable to favorably  consider  the  applicant's  request.
While we agree with the Air Force office of primary responsibility that  the
inclusion  of  the  initial  enlistment  bonus  (IEB)  on  his  supplemental
enlistment agreement dated 7 February 2000 was an administrative  error,  we
do not feel the applicant should suffer the consequences of that error.   We
are of the opinion that the applicant acted in good faith when he signed  AF
Form 3008, Supplement to Enlistment Agreement agreeing  to  be  reclassified
into the Signal Intelligence Analysis  (lN431)  Air  Force  Specialty.   His
request to receive a  $4000.00  for  IEB  bonus  was  considered.   However,
because he was eliminated from that school, we find no  basis  to  favorably
consider a bonus in that amount.  Therefore, we  recommend  the  applicant's
records be corrected t the extent indicated below.
__________________________________________________________________________
______________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected  to  show  that  on  7  February  2000,  competent
authority authorized his receipt of  an  initial  enlistment  bonus  in  the
amount of $3,000.00 in Air Force Specialty 1N431.

__________________________________________________________________________
______________________

The following members of the Board considered this application in  Executive
Session on 21 February 2001, under the provisions of AFI36-2603:

Mr. Teddy L. Houston, Panel  Chair  Mr.  William  H.  Anderson,  Member  Mr.
Richard M. McCormick, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 25 Aug 00 w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPAE, dated 2 Oct 00.
      Exhibit D.  Letter, USAF/JAG, dated 6 Dec 00, w/atchs.
      Exhibit E.  Letter, SAF/MIBR, dated 13 Oct 00.






                                       TEDDY L. HOUSTON
                                       Panel Chair

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