RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01556
            INDEX CODE:  128.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  18 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to allow him to receive the reserve enlisted
incentive bonus.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He is indebted to the Air  National  Guard  (ANG)  for  $6,250.   After  his
discharge from the active duty Air Force, he entered the ANG.  A few  months
later, he realized he did not enjoy the 3-hour commute to his  duty  station
and decided to return to a flying assignment.  He was fully  aware  that  he
would owe a debt to the ANG to repay the portion of his bonus that  had  not
been fulfilled; however, he met with an  Air  Force  Reserve  Recruiter  who
informed him that his career field was in  a  bonus  category  and  that  he
would receive a bonus upon transferring  to  the  Reserves.   The  recruiter
then verified this information with the point of contact (POC) for  bonuses.
 He completed the paperwork and transferred to the Reserves effective 2  Feb
07.

On 27 Feb 07, he noticed that his Unit Personnel Record Group (UPRG)  stated
he was not receiving a bonus.  He contacted the  same  bonus  POC  who  then
notified him that he was not authorized a bonus.  She explained  that  since
the Reserves took over his contract and he did not reenlist for 6 years,  he
was not authorized  the  affiliation  bonus.   He  was  miscounselled.   The
misinformation led  to  his  decision  to  transfer  from  the  ANG  to  the
Reserves.

In support of the application, the applicant submits a copy of the  advisory
opinion, a copy of a statement from the recruiter, a copy of the  recoupment
letter from  the  ANG,  and  a  copy  of  the  statement  from  the  Reserve
recruiter.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the ANG's recoupment letter states the  applicant
entered the ANG on 2 Aug 06 and terminated from the Incentive Program  on  1
Feb 07.  He was  paid  $7,500  of  a  $15,000  contract  bonus.   He  earned
$1,250.00  of  the  $7,500  resulting  in  a  debt  of  $6,250  because   he
transferred to another reserve component (not ANG).

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is currently serving in the Reserves  in  the  grade
of Staff Sergeant (E-5).  His  duty  Air  Force  Specialty  Code  (AFSC)  is
X4N071 (Flight Support Tech/AET).  His estimated term  of  separation  (ETS)
date is 1 Aug 2012.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibits C, D and F.

_________________________________________________________________

AIR FORCE EVALUATION:

The 349th MSS/DPMS recommends the applicant be authorized to  reenlist  into
the Air Force Reserve retroactively to his gain date  in  order  to  qualify
for the Reserve Bonus Incentive program or that his debt  be  waived.   DPMS
states the applicant's decision to transfer from the  ANG  to  the  Reserves
was based on the assumption that  he  would  be  eligible  for  the  Reserve
Enlisted Incentive program which would allow him  to  repay  his  ANG  bonus
debt.  Unfortunately, a vital piece of information, regarding  his  ETS  was
not addressed.  DPMS opines had the applicant been  properly  counseled,  he
would have stayed with the ANG to preclude a financial debt.

The complete DPMS evaluation, with attachments, is at Exhibit C.

HQ AFRC/A1B recommends denial of  the  applicant's  request  for  a  Reserve
Incentive bonus.  A1B states the applicant entered  the  Reserves  under  an
assumption that he would be eligible  for  the  Reserve  Enlisted  Incentive
program.  A1B notes he transferred from the ANG with knowledge that  he  had
received an Affiliation Bonus from the  ANG.   A1B  opines  the  applicant's
assumption was based on a phone conversation between his recruiter  and  the
349th  MSS.   A1B  states  the  military  personnel  flight  (MPF)  provides
specifics in regards to incentive  counseling  before  determining  member's
eligibility for incentive.

The complete A1B evaluation is at Exhibit D.

AF/REPX recommends the applicant  be  allowed  to  reenlist  for  six  years
retroactively to 3 Feb 07, his original gain date in the Air Force  Reserve,
allowing him to receive a reenlistment  bonus.   REPX  states  according  to
Title 37, Section 308C and Public Law 109-163, Section  631,  the  applicant
is ineligible for an enlistment bonus because he has prior military  service
or an affiliation bonus because he did  not  enter  the  Air  Force  Reserve
directly from active duty.  However, he would  be  eligible  for  a  $15,000
reenlistment bonus according to Title 37, Section 308b, and Public law  109-
163, Section 633, if he reenlists for six years.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 23 Aug 07,  the  applicant  agreed  with  the  AF/REPX
recommendation that he be allowed to reenlist into the  Air  Force  Reserves
in order to receive an incentive bonus which would allow him to pay off  his
ANG debt.  He wants to continue to serve his country.  He also submitted  an
address change (Exhibit H).
_________________________________________________________________

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 an injustice warranting relief.  After reviewing the facts  and
circumstances, we are satisfied  the  applicant  was  mis-counseled  on  the
Reserve IEB policy and relied on the misinformation to  his  detriment.   In
addition, we agree with AF/REPX's opinion and recommendation that he  should
be allowed to reenlist. Therefore, we recommend the  applicant's  record  be
corrected 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 on 3 Feb 07, he was enlisted  in  the
Air Force Reserves  with  a  $15,000  bonus.   This  bonus  amount  will  be
immediately offset by the current outstanding balance of the debt  which  is
the unearned portion of his August 2006 Air National Guard incentive bonus.

_________________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2007-01556  in
Executive Session on 27 September 2007, under  the  provisions  of  AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Josephine L. Davis, Member
                 Mr. Don H. Kendrick, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 May 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, 349 MSS/DPMS, dated 7 May 07.
     Exhibit D.  Letter, HQ AFRC/A1B, dated 18 Jun 07.
     Exhibit E.  Letter, SAF/MRBR, dated 3 Jul 07.
     Exhibit F.  Letter, AF/REPX, dated 9 Aug 07.
     Exhibit G.  Letter, AFBCMR, dated 10 Aug 07.
     Exhibit H.  Letter, Applicant, dated 23 Aug 07.




                                   JAMES W. RUSSELL III
                                   Panel Chair




AFBCMR BC-2007-01556




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 reenlisted in the Air
Force Reserve on 3 February 2007 for a period of six (6) years with
entitlement to a $15,000 reenlistment bonus.  This bonus amount will be
immediately offset by the current outstanding balance of the debt which
is the unearned portion of his August 2006 Air National Guard incentive
bonus.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency