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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