RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00946
            INDEX CODE:  128.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  20 SEP 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  prior  service  enlistment  bonus  of  $5,000.00  be  changed  to
$8,000.00.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was repeatedly told his prior service  enlistment  bonus  would  be
$8,000.00.  However, when he applied for his bonus, he was told it was
$5,000.00.  The recruiter verified the applicant was  told  the  bonus
for prior service applicants was $8,000.

In support of his request, the applicant submits an  e-mail  from  the
recruiter, an extract from the National Defense Authorization Act  for
FY 2003 and Title 37, Pay and Allowances of  the  Uniformed  Services.
The applicant’s complete submission, with attachments, is  at  Exhibit
A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant contracted his current  enlistment  in  the  Air
Force Reserve on 24 February 2003 for a period of six  years.   He  is
serving in the grade of staff sergeant, USAFR, with a date of rank  of
2 November 2002 and an effective date of rank of 24 February 2003.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/DPM recommends the application be denied.   DPM  states  that,
based on a legislative change (NDAA 2003) to  the  authorized  amounts
that could be paid for Reserve  component  incentives,  an  authorized
implementation date of the increase to $8,000.00 was announced by  the
HQ AFRC/DP staff in May 2003.  However, the  implementation  date  for
the increase to the  bonuses,  to  include  the  prior  service  bonus
amounts, was established as 1 June 2003.   Apparently,  the  applicant
may have received inaccurate information as to when the  change  would
be effected.  Given the implementation date for the  increase  of  the
bonus amounts was established as 1 June 2003,  the  applicant  did  in
fact receive the bonus amount for which he was eligible at the time of
his enlistment on 24 February 2003; thus, not warranting a  change  to
the current  bonus  amount  authorized  for  the  applicant.   The  HQ
AFRC/DPM evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 6 May
2005 for review and response.  As of this date, no response  has  been
received by this office (Exhibit C).
_________________________________________________________________

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 error or injustice.  After careful consideration  of  the
circumstances of this case, we are persuaded that  the  applicant  was
miscounseled concerning the effective date of the  increase  in  prior
service enlistment bonuses.  The applicant enlisted in  February  2003
with the understanding  that  he  would  receive  an  $8,000.00  prior
service enlistment bonus.  The applicant has provided a statement from
the recruiter wherein he  confirms  telling  the  applicant  he  would
receive the higher bonus.  Because  the  applicant  was  not  properly
advised concerning the effective date of the prior service  enlistment
bonus, he was notified that, due to his enlistment date, he  was  only
authorized to receive a $5,000.00 bonus, not the $8,000.00 bonus.   It
is our opinion that, since the applicant  made  diligent  attempts  to
obtain the correct information, and  made  his  decision  to  reenlist
based on the recruiter’s  misguided  information,  he  should  not  be
penalized for the inaccurate information he was provided.   Therefore,
to compensate the applicant for the  consequences  of  the  enlistment
bonus  miscounseling,  we  recommend  that  the  Defense  and  Finance
Accounting Service compute the amount of  money  the  applicant  would
receive for a  period  of  temporary  duty  equating  to  the  taxable
$3,000.00 difference, and correct  his  records  to  show  he  was  in
temporary duty status  for  that  period.   Hence,  we  recommend  the
applicant be afforded relief by correcting  his  record  as  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 he was in a  temporary
duty status for a sufficient period of time to receive  basic  pay  to
equate to $3,000.00.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 June 2005, under the  provisions  of  AFI  36-
2603:

                  Mr. Laurence M. Groner, Panel Chair
                  Ms. Kathy L. Boockholdt, Member
              Mr. Terry L. Scott, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2005-00946.

   Exhibit A.  DD Form 149, dated 28 Dec 04, w/atchs.
   Exhibit B.  Letter, HQ AFRC/DPM, dated 2 May 05, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 6 May 05.




                                   LAURENCE M. GRONER
                                   Panel Chair



AFBCMR BC-2005-00946




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 APPLICANT be corrected to show that he was in a
temporary duty status for a sufficient period of time to receive basic
pay to equate to $3,000.00.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency