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AF | BCMR | CY2008 | BC-2007-00869
Original file (BC-2007-00869.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00869
            INDEX CODE:  135.02
            COUNSEL:  NONE
            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show satisfactory service  for  retirement
year ending (RYE) 1 March 2006 and she  be  awarded  the  reenlistment
bonus she was promised on her reenlistment contract.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She and another unit member contacted HQ  Air  Force  Reserve  Command
(AFRC) in July 2006 and inquired as to whether or not her duty  status
needed to be altered on orders.  She was notified by personnel in AFRC
that she already had a good (satisfactory) year  of  service  for  the
time period indicated.  The letter from AFRC plainly stated she was  a
new Individual Mobilization Augmentee (IMA) with plenty of points  for
the year and therefore would not be removed from the program.  She was
notified that her duty status for the year would not be  held  against
her in any negative way.  In early 2006,  she  was  contacted  via  an
email by the Air  Reserve  Personnel  Center  (ARPC)  offering  her  a
reenlistment bonus of $15,000.  She signed her reenlistment papers  on
17 March 2006.  On 1 April 2006, she signed an Air  Force  Form  4010,
Application for IMA Enlisted Bonus and Incentive.  The  authentication
part of the Written  Agreement  Reenlistment  Bonus,  was  signed  and
finalized by all those necessary on 26  April  2007.   She  had  heard
nothing about the bonus and on 26 June 2007, she called ARPC  only  to
find that the people she worked with in trying to obtain her bonus had
all been moved to other  offices.   She  spoke  instead  to  a  master
sergeant who told her he was familiar with her case and that her bonus
was a mistake and that she should never have been  offered  one.   She
asked whether or not her reenlistment contract was a mistake also  and
his response to her was “Is that the only reason you reenlisted?”  She
has checked her bonus status on the Virtual MPF and has found that  it
appears  she  was  never  offered  a  bonus.   She  contends  she  had
documentation that proves otherwise.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement and copies of the letter from AFRC,  a  number  of  Inactive
Duty for Training (IDT) orders, and pertinent emails.

Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:

Applicant began her military career on 13 August 1987.  She  has  been
progressively promoted to the grade of staff sergeant with a  date  of
rank (DOR) of 1 September 2002.  During February 2005,  the  applicant
requested transfer from a traditional Reserve unit to an IMA  program.
Before her release and transfer to the IMA program, she completed  two
and one half Unit Training Assemblies (UTAs).  Her transfer to the IMA
program was effective on 20 June 2005.  As an IMA, she did not perform
any IDT for the remainder of the retention/retirement (R/R)  year  and
did not perform her next IDT until May 2007.  She is currently serving
in the IMA program and has almost  8  years  of  satisfactory  service
towards a Reserve retirement at age 60.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/DPP recommends denial.  DPP notes that  by  her  account,  her
supervisor advised her that  she  should  reschedule  her  next  three
consecutive UTA’s for April through June until September.   She  would
then be able to perform IDT with her new unit.   She  participated  in
the May UTA but was in an annual training (AT) status while  the  rest
of the unit was on UTA status.  DPP notes her statement that  she  was
unable to perform IDT training on 13 August 2005  because  the  entire
building was closed on that Saturday and training was  not  available.
DPP states she did not perform any IDTs during the last nine months of
the R/R year.  She did not perform her next IDT until two years later.
 Coordination for IDT is required by an authorizing official prior  to
the Reservist reporting for any training.  Further, had  she  followed
proper procedure, she would know that training was  not  available  on
that Saturday.  Ultimately, she is responsible for meeting IDT program
requirements.  No injustice occurred and there was ample time for  her
to fulfill her R/R requirements.

DPP’s complete evaluation is at Exhibit B.

HQ  AFRC/A1BR  recommends  denial.   A1BR  states  the  applicant  was
inappropriately  counseled  on  her  eligibility  for  a  reenlistment
incentive upon her reenlistment.  A review of the AFRC incentive  list
has revealed that her Duty Air Force Specialty Code (DAFSC)  of  4A051
was not on the incentive list for the IMA program when she reenlisted.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant has provided a personal statement with several  attachments.
She has reiterated her original request for  a  satisfactory  year  of
service for RYE 1 March 2006  and  the  reenlistment  bonus  that  she
contracted for at her last reenlistment be honored.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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.  Applicant had  recently  joined  the
IMA program and, being new to the program,  it  appears  she  was  not
immediately aware  of  the  rules  surrounding  the  required  mix  of
Inactive Duty Training (IDT) and Annual Training (AT) that she  needed
to earn in order to  qualify  for  a  satisfactory  year  of  service.
Inasmuch as she has shown virtually exemplary attendance in an  active
duty status both prior to and after the year  in  question,  we  agree
with her program superintendent  that  she  has  performed  sufficient
active duty to warrant adding the two IDT points necessary to show she
earned a satisfactory year of service for RYE 1 March 2006.

Further, we believe she suffered an injustice when she was notified by
ARPC that she was eligible for  a  reenlistment  incentive  and,  upon
reenlistment, she did not receive the  incentive  when  after-the-fact
analysis by ARPC yielded that she was  actually  ineligible.   In  our
opinion, whether or not her AFSC was on the  incentive  list  at  this
point is immaterial.  She reenlisted on 17 March 2006 for a period  of
six years in good faith and with the full expectation and  promise  by
the Air Force that she would receive a reenlistment bonus.  Through no
fault of her own she did not receive it  and  we  therefore  recommend
that the records 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:

      a.  She was  credited  with  an  additional  two  (2)  non-paid,
inactive duty points for retention/retirement year 2 March 2005  to  1
March 2006, resulting in 50 total points; and, that the period 2 March
2005 to 1 March 2006 is a year of satisfactory Federal service.

      b.  Upon her 17 March 2006 reenlistment in the Air Force Reserve
Individual  Mobilization  Augmentee   program,   competent   authority
approved her entitlement to a Zone B Selective Reenlistment  Bonus  as
an exception to policy.
______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-00869 in Executive  Session  on  20  September  2007,  under  the
provisions of AFI 36-2603:

      Mr. Gregory A. Parker, Member
      Mr. James L. Sommer, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A. DD Form 149, dated 16 March 2007, w/atchs.
    Exhibit B. Letter, ARPC/DPP, dated 14 August 2007.
    Exhibit C. Letter, AFRC/A1BR, dated 17 July 2007, w/atchs.
    Exhibit D. Letter, SAF/MRBR, dated 17 August 07.
    Exhibit E. Letter, Applicant, dated 10 September 2007,
                       w/atchs.




                                   Gregory A. Parker
                                   Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]
Office Of The Assistant Secretary


AFBCMR BC-2007-00869



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:

            a. She was credited with an additional two  (2)  non-paid,
inactive duty points for retention/retirement year 2 March 2005  to  1
March 2006, resulting in 50 total points; and, that the period 2 March
2005 to 1 March 2006 is a year of satisfactory Federal service.

            b. Upon her 17 March 2006 reenlistment in  the  Air  Force
Reserve Individual Mobilization Augmentee program, competent authority
approved her entitlement to a Zone B Selective Reenlistment  Bonus  as
an exception to policy.






     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


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