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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