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AF | BCMR | CY2005 | BC-2004-00510
Original file (BC-2004-00510.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00510
            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); that she receive a bonus for enlisting in the 3C1X1  Air
Force Specialty (AFS); and, that her promotion to E-4 be adjusted.

_________________________________________________________________

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 copies of her  DD
Form  4,  Enlistment/Reenlistment  Document,  enlistment   order   and
promotion orders.

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 12 January 1997, for a period of six years, as  a
Radio Communications Systems Helper in the grade of Airman  Basic  (E-
1).  She is currently serving in the VIANG as a traditional  guardsman
in the grade of staff sergeant (E-5).

_________________________________________________________________

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. Applicant, the VI ANG, nor the NGB can provide the
incentive-eligible list from January 1997 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 are  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. Therefore, adjustment
of her promotion to  E-4  is  not  warranted.   Should  the  applicant
provide documentary evidence showing that her AFS  was  identified  as
critical and 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-
2004-00509  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 17 Dec 03, 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 5 Nov 04.




                                   PATRICIA D. VESTAL
                                   Panel Chair

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