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AF | BCMR | CY2003 | BC-2001-02949
Original file (BC-2001-02949.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2001-02949
            INDEX CODE 128.05
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of reenlistment be adjusted to 1  Oct  01  so  that  she  may
qualify for a reenlistment bonus.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her end of term of service (ETS)  was  27  Oct  01.  Her  Unit  Career
Advisory (UCA) had intended to wait until 1 Oct 01 before  reenlisting
her to see if her Air Force Specialty Code (AFSC) was on the new bonus
announcement for the wing. The UCA forgot and reenlisted her in Sep 01
instead of Oct 01. Her Duty AFSC (DAFSC) was on the  bonus  list  when
announced in early Oct. This was her last and only chance at a  $5,000
bonus and this unintentional error should be corrected.

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

_________________________________________________________________

STATEMENT OF FACTS:

The Reserve bonus system is unlike the active duty program. The  bonus
AFSCs are determined by each Wing’s needs--they  are  not  necessarily
approved AFRC-wide.  The master list, by location,  comes  out  of  HQ
AFRC/DPMR.

During the period in question, the applicant was a technical  sergeant
(TSgt) assigned to the  514th  Communications  Squadron  (514  CS)  at
McGuire AFB, NJ. Her original ETS was 27 Oct 01.

On 25 Aug 01, she requested a reassignment from the  514  CS,  McGuire
AFB, to the 913th Air Wing (913 AW)  at  Willow  Grove  ARB,  PA.  Her
request was approved on 10 Sep 01.

On 13 Sep 01, she reenlisted for two years.

Her reassignment orders for Willow Grove were issued on 30 Sep 01.

The Fiscal Year 2002 (FY02) bonus  AFSC  list  for  McGuire  came  out
around 1 Oct 01. The applicant’s AFSC was on the  list.  In  order  to
qualify for the bonus, members in this AFSC located at McGuire had  to
reenlist for a period of six years (the applicant had  reenlisted  for
two years on 13 Sep 01).

On 11 Oct 01, the applicant submitted a DD Form  149  requesting  that
her 13 Sep 01 reenlistment date be adjusted so that she could  qualify
for a reenlistment bonus. In a letter dated 5 Oct 01 (Exhibit A),  the
UCA advised  he  had  intended  to  counsel  the  applicant  to  delay
reenlisting until the new bonus list came out on 1 Oct 01  to  see  if
her AFSC would be on it. The UCA indicated that, in the  rush  of  the
Sep Unit Training Assembly (UTA) weekend, he reenlisted the  applicant
in Sep 01 and submitted the paperwork to the military personnel flight
(MPF). When the new list came out, he saw her DAFSC  on  it  and  then
remembered he had wanted to delay her reenlistment to qualify her  for
the bonus. He added he was a relatively new UCA and felt it was unfair
for the applicant to forfeit her chance for a $5,000 bonus because  of
his unintentional error.

HQ AFRC/DPMB advised both the applicant (at her home address) and  the
514th Mission Support Squadron (514 MSS) in a joint  letter  dated  26
Nov 01 that her request had been approved, that once her  reenlistment
date was changed she would be eligible for a reenlistment  bonus,  and
that the 514 MSS was authorized to reflect a separation date of 30 Sep
01 and an immediate reenlistment of 1 Oct  01  for  a  period  of  six
years. Upon correction of the applicant’s reenlistment  documentation,
the 514 MSS was to complete AF  Form  4021,  Application  for  Reserve
Incentive, and submit it to HQ AFRC/DPMB for processing.

As a result of  what  was  assumed  to  have  been  an  administrative
correction, the applicant’s 11 Oct 01 appeal was closed on  21 Dec  01
without it being forwarded to the AFBCMR.

In the meantime, the applicant was reassigned to the 913 AW at  Willow
Grove, PA on 28 Oct 01. However, since her AFSC was not on the 913  AW
bonus list, she was not eligible for a bonus. Therefore, even  if  her
reenlistment contract had been accomplished on 1 Oct  01  at  McGuire,
she would have had to  forfeit  almost  all  of  the  bonus  upon  her
(voluntary) reassignment to Willow Grove, which did  not  include  her
AFSC on their bonus list.

Apparently, the 913 AW questioned the  applicant’s  bonus  eligibility
because her AFSC was not on their bonus list. As a result, HQ AFRC/DPM
wrote an advisory opinion (Exhibit C) on 22 Sep 03 and the applicant’s
case was reopened on 30 Sep 03 by SAF/MRBR at Randolph. The  case  was
received by the AFBCMR Staff on 9 Oct 03.

HQ AFRC/DPM and the 913 MSS provided  additional  information  to  the
AFBCMR Staff via email:  Since the applicant  voluntarily  transferred
to Willow Grove, she loses almost the entire bonus.  The  bonuses  are
pro-rated based on  a  member’s  participation.  Since  the  applicant
performed only one make-up day at McGuire AFB  on  26  Oct  01  before
being assigned to the 913 AW on 28 Oct 01, she will paid for  the  two
periods to which she is entitled (approximately $34). Her  bonus  will
then be terminated.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/DPM advised that,  upon  review  of  the  approved  case,  the
applicant’s enlistment contract should have been updated  by  the  514
MSS at McGuire. The original approval stated she would be eligible for
a reenlistment bonus. However, she was  no  longer  eligible  for  the
reenlistment bonus as she had since been reassigned  to  Willow  Grove
ARB where her AFSC is not on the bonus listing,  nor  was  it  on  the
listing at the time of her reassignment on 28 Oct 01. They attached  a
“corrected” enlistment contract, signed on 10 Sep  03  and  reflecting
that the applicant reenlisted on 1 Oct 01 for a period of six years.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 3 Oct 03 for review and comment within 30  days.   As  of
this date, this office has received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ AFRC/DPM advised that the  applicant’s  reenlistment  contract  was
corrected and that she is entitled to one day,  two  periods  of  unit
training assembly (UTA) pay  for  a  UTA  she  performed  while  still
assigned to McGuire AFB. Based on her  voluntary  transfer  to  Willow
Grove, her entitlement to any further bonus  pay  ceases  because  her
AFSC is not on the bonus list at that location.

A complete copy of the evaluation, with attachments, is at Exhibit E.

_________________________________________________________________

APPLICANT’S RESPONSE TO ADDITIONAL EVALUATION:

A complete copy of the additional  evaluation  was  forwarded  to  the
applicant on 13 Nov 03 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. The applicant requested her  date
of reenlistment be adjusted to 1 Oct 01 so she  could  qualify  for  a
reenlistment bonus. Apparently the reenlistment date has been adjusted
administratively. However, after a thorough review of the evidence  of
record, a majority of the Board is  not  persuaded  the  applicant  is
entitled to her full reenlistment bonus. Her AFSC was on  the  McGuire
bonus list but not on the bonus list for the 913 AW.  Therefore,  even
if her reenlistment contract had been accomplished  on  1  Oct  01  at
McGuire, she would have subsequently forfeited almost all of the bonus
upon her voluntary reassignment to Willow Grove, whose bonus list  did
not include her AFSC. According to HQ AFRC/DPM, the bonuses  are  pro-
rated based on a member’s participation. Since the applicant performed
only one make-up day at McGuire AFB on 26 Oct 01 before being assigned
to the 913 AW on 28 Oct 01, she will paid for the two periods to which
she is entitled. The majority of the Board is not persuaded  that  the
applicant should receive the remainder of the  bonus  she  essentially
forfeited  when  she   voluntarily   requested,   and   was   granted,
reassignment to the 913  AW.  In  this  regard,  she  was  treated  no
differently than any other member in a similar situation, and it would
be unfair to those individuals at the 913 AW whose same AFSC  did  not
entitle them to a reenlistment bonus.  The  Board  majority  therefore
agrees with the recommendations  of  the  Air  Force  and  adopts  the
rationale expressed as the basis for our decision that  the  applicant
has not sustained her burden of having suffered either an error or  an
injustice. In view of the above and absent persuasive evidence to  the
contrary, the Board majority finds no compelling  basis  to  recommend
granting the relief sought

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-  in
Executive Session on 18 December 2003, under the provisions of AFI 36-
2603:

                                  Ms. Carolyn J. Watkins-Taylor, Panel
Chair
                                  Mr. Roscoe Hinton, Jr., Member
                                  Ms. Martha J. Evans, Member

By a majority vote, the Board recommended denial of  the  application.
Ms. Evans voted to grant, but she does not wish to submit  a  Minority
Report. The following documentary evidence relating to  AFBCMR  Docket
Number BC-2001-02949 was considered:

   Exhibit A.  DD Form 149, dated 11 Oct 01 (reopened), w/atch.
   Exhibit B.  Available Military Personnel Records
   Exhibit C.  Letter, HQ AFRC/DPM, dated 22 Sep 03.
   Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 03.
   Exhibit E.  Letter, HQ AFRC/DPM, undated, faxed on 7 Nov 03,
                            w/atchs.
   Exhibit F.  Letter, AFBCMR, 13 Nov 03.





                                   CAROLYN J. WATKINS-TAYLOR
                                   Panel Chair
AFBCMR  BC-2001-02949


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I disagree with the Board majority’s decision to deny the
applicant’s request for an adjusted reenlistment date and the
resultant reenlistment bonus. After carefully considering their
rationale, I am persuaded the evidence of record warrants relief.

      The applicant’s original end of term of service was October 27,
2001. Her unit at McGuire AFB evidently intended to delay her
reenlistment until October 1, 2001, in order to take advantage of a
reenlistment bonus should her Air Force Specialty Code (AFSC) be
included on their bonus list. When the bonus list for McGuire AFB was
released, the applicant’s AFSC was on it, making her eligible for a
$5,000.00 bonus. However, unlike active duty members, Reservists’
reenlistment bonuses apparently are driven by their location. Prior to
this, she had requested, and been approved for, reassignment to Willow
Grove, PA. Unfortunately, the applicant not only was reenlisted for
two years before the October 1, 2001, bonus list for McGuire was
released, but also apparently was not told before her reassignment was
finalized that she could forfeit her bonus if her AFSC was not on her
gaining unit’s list. The applicant’s reenlistment contract was
administratively amended to reflect an enlistment date of October 1,
2001, instead of September 13, 2001, with an enlistment term of six
years instead of two.  This would have made her eligible for a bonus
had she stayed at McGuire. However, her AFSC was not on the bonus list
for Willow Grove.  As a result, she received approximately $34.00 for
the short period she remained at McGuire and forfeited the rest of her
bonus upon her transfer to Willow Grove.

      The applicant clearly was given every reason to believe she
would receive a bonus and she willingly contracted her enlistment for
six, rather than two, years. Her unit at McGuire intended to delay her
reenlistment until they knew her AFSC was on their bonus list. Both
the applicant and her McGuire unit had her bonus eligibility confirmed
by HQ AFRC/DPMB’s November 26, 2001, letter. In my view, this enlisted
member acted in good faith by committing herself to the Air Force for
six more years and should not forfeit the bonus she promised by
responsible personnel because of an oversight and a technicality. I
therefore agree with the minority vote to grant and direct her records
be appropriately corrected to facilitate her receiving the remaining
bonus equivalent.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency



AFBCMR  BC-2001-02949



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    be corrected to show that she was in a temporary
duty status for a sufficient number of days and was paid total per
diem the equivalent of $4,965.28.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency


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