RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00507
INDEX CODE: 112.03, 131.09
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her enlistment grade be changed from E-1 (Airman Basic) to E-3 (Airman
First Class) and that she receive a bonus for enlisting in the 3C1X1
Air Force Specialty (AFS).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her recruiter provided her erroneous information when she enlisted.
She enlisted as a Radio Communication Systems Helper for a six-year
term. As such, she contends she was eligible for and should have
received an enlistment bonus for enlisting in a critical career field.
She states that because she enlisted for a six-year term on her
initial enlistment, she was qualified to enter the Air National Guard
(ANG) as an E-3.
In support of her appeal, the applicant has provided a copy of her DD
Form 4, Enlistment/Reenlistment Document.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a member of the Virgin Islands Air National Guard
(VIANG), enlisted on 31 August 2001, for a period of six years, as a
Radio Communications Systems Helper. She is currently serving in the
VIANG as a traditional guardsman in the grade of airman (E-2).
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI notes the ANG Enlisted Cash Bonus
Program provides enlistment and reenlistment bonuses to traditional
guardsmen enlisting for six years in specialties deemed critical.
Each state and territory publishes an annual incentive-eligible list
of critical AFSC’s. She, the VIANG, nor the NGB can provide the
incentive-eligible list from August 2001 that would show whether or
not she was eligible for any incentives. DPPI notes that non-prior
service members enlisting into a critical AFS for a period of six
years is authorized the enlistment grade of E-3. However, an
individual enlisting in the senior year of high school will be
enlisted in the grade of E-1 until such time as they graduate and
present required documents whereupon they are immediately promoted to
the grade of E-3. Numerous attempts were made to determine her
education level at the time of her enlistment and no documentation was
provided to verify her eligibility. Therefore, her request to change
her enlistment grade from E-1 to E-3 is not substantiated and she is
therefore not considered eligible for E-3 at enlistment.
ANG/DPPI’s complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
November 2004 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 an error or injustice. Applicant contends that she
was provided erroneous information when she enlisted in the VIANG.
However, she has not provided sufficient evidence to substantiate her
allegation of miscounseling with respect to the bonus opportunity or
that she should have been enlisted in the grade of Airman First Class
(E-3). After reviewing the evidence of record, we note that the ANG
cannot determine whether applicant's AFSC was listed as incentive-
eligible at the time of applicant's enlistment. Based upon the
presumption of regularity in the conduct of governmental affairs and
without evidence to the contrary, we must assume that the applicant's
grade at the time of her enlistment was correct. Should the applicant
provide documentary evidence showing that her AFSC was entitled to a
bonus at the time of her enlistment, we would be willing to reconsider
her appeal. In the absence of such evidence, favorable action on her
application is not recommended.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2004-00507 in Executive Session on 4 January 2005, under the
provisions of AFI 36-2603:
Ms. Patricia D. Vestal, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Kathleen F. Graham, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPPI, dated 2 Nov 04, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 3 Nov 04 2004.
PATRICIA D. VESTAL
Panel Chair
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