RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01543
                                             INDEX CODE:  128.05
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to reflect  her  entitlement  to  a  $6,000 Initial
Enlistment Bonus (IEB).

________________________________________________________________

APPLICANT CONTENDS THAT:

While at the Military Entrance Processing Station (MEPS), the  contract  she
signed  was  written  for  $3,000;  however,  the  authorized   bonus   upon
enlistment was $6,000, and she should not be penalized for a  policy  change
between her MEPS date and her enlistment date.

In support of her appeal, she has provided copies of three  AF  Form  3008s,
Supplement to Enlistment Agreement – United States Air Force, she signed  on
25 August 2005, 13 December 2005, and 29 December 2005.

Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for 4 years on  13  December
2005, and, on that date, signed an AF Form  3008 which  entitled  her  to  a
$3,000 IEB upon completion of  technical  training  and  being  awarded  the
three-skill level in the 1N335 Air Force Specialty Code  (AFSC).   The  form
was also signed by an  Air  Force  representative  certifying  that  he  had
discussed each applicable entry on  the  form  with  her  and  that  he  had
personally verified she met  the  requirements  for  the  enlistment  option
chosen.

On 29 December 2005, a different Air Force  representative  from  the  319th
Training Squadron (TRS) crossed-out the “$3,000” entry  on  the  applicant’s
AF  Form  3008,  typed  “$6,000”  next   to   it,   and   typed   “CORRECTED
BONUS/2005DEC29” in the remarks section of the
form.  The 319th TRS representative and the  applicant  both  initialed  and
signed next to these changes.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the applicant’s request be denied.  According  to  the
IEB quarterly listing approved by the Air Staff, $3,000 was  the  authorized
IEB for a 4-year term of enlistment, and the 29 December 2005 IEB change  to
$6,000 was an administrative error.  Changes to a contract must be  sent  to
AFPC/DPPAES  for  approval  and  an  AF  Form  3009,  Change  to  Enlistment
Agreement – United States Air Force, must be accomplished.  There is  no  AF
Form 3009 to authorize additional IEB monies, and she  is  entitled  to  the
$3,000 IEB in accordance with the original AF Form 3008, dated  13  December
2005.

The AFPC/DPPAE evaluation, with attachments, is at Exhibit C.

USAF/JAA recommends the applicant’s  request  for  relief  be  denied.   The
burden is on her to demonstrate with evidence,  not  conclusory  assertions,
that the Air Force committed a prejudicial error or injustice, and  she  has
not met that burden.

There is no evidence suggesting there was any type  of  policy  change  that
would  impact  IEBs  in  general  or  the  applicant’s  IEB  in  particular.
Further, there is  no  AF  Form  3009  in  the  case  file  to  indicate  an
additional IEB had been authorized by AFPC/DPPAES,  the  approval  authority
for changes to an enlistment contract.

Any modifications to an IEB contract amount must be properly  processed  and
authorized in accordance with Air Force Instruction (AFI) 36-2002.  Per  AFI
36-2002, A.10.2 and A.10.6,  319th  TRS  representatives  may  identify  and
correct misspelled names, incorrect social security numbers, and  any  other
obvious typographical  errors  –  not  problems  with  enlistment  incentive
options.  Instead, the AFI directs the 319th TRS  to  refer  such  perceived
problems through channels to AFPC/DPPAES for a determination as  to  whether
corrective action is warranted.

It is well settled the United States is not bound by agents who  act  beyond
their authority and contrary to regulation.  Further, the United  States  is
not barred from  repudiating  erroneous  advice/actions  of  its  officials.
Here, there is  no  evidence  the  Air  Force  representative  referred  the
applicant’s file to the appropriate authorities prior to making  the  change
to her IEB options.  Rather, he appears to have  made  this  change  on  his
own, without proper  authority,  and  contrary  to  Air  Force  Regulations.
Accordingly, since the authorized IEB
for her 4-year term of enlistment was  $3,000,  both  at  the  time  of  her
enlistment in the Delayed Enlistment Program (DEP) and at the  time  of  her
entry on active duty, and since the Air  Force  representative  who  changed
this amount to $6,000 did not have actual authority to do so,  she  is  only
authorized a $3,000 IEB.  Additionally,  there  is  no  evidence  the  error
prejudiced the  applicant  –  the  additional  $3,000  did  not  impact  her
decision to enlist (the change was made over two weeks after she signed  the
AF Form 3008 containing the $3,000 IEB) – and the  facts  and  circumstances
do not present a basis for a finding of injustice.

The USAF/JAA evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the AFPC/DPPAE evaluation was forwarded to the  applicant
on 8 June 2007, for review and comment, within 30 days, and a complete  copy
of the USAF/JAA evaluation was forwarded to the applicant on 20  March  2008
for review and comment within  30  days.   However,  as  of  this  date,  no
response has been received by this office.

________________________________________________________________

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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim  of  an  error  or  injustice  as
there is no evidence the applicant’s file was referred  to  the  appropriate
approval authorities prior to a  change  being  made  to  her  IEB  options.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

________________________________________________________________

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  Docket  Number  BC-2007-01543
in Executive Session on 1 May 2008, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Jan Mulligan, Member
                       Mr. Kurt R. LaFrance, Member, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 May 2007, w/atchs.
    Exhibit B.  Automated Records Management System Extract.
    Exhibit C.  Letter, AFPC/DPPAE, dated 30 May 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jun 07.
    Exhibit E.  Letter, USAF/JAA, dated 14 Mar 08.
    Exhibit F.  Letter, AFBCMR, dated 20 Mar 08.




                                   JAMES W. RUSSELL, III
                                   Panel Chair