RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01665

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His 14 Oct 12 reenlistment be voided and his original Expiration 
Term of Service (ETS) of 31 Mar 13 be reinstated.

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APPLICANT CONTENDS THAT:

He only reenlisted because his Wing career assistance advisor 
told him he was eligible to receive a bonus.  His advisor 
further stated if the bonus was not valid that he would revert 
back to his original ETS. 

In support of his request, the applicant provided an expanded 
statement, copies of his DD Forms 4/1, Enlistment/Reenlistment 
Document Armed Forces of the United States, and supporting 
documentation from his unit.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in 
the grade of technical sergeant (E-6).

On 14 Oct 12, the applicant reenlisted in the Air Force Reserve 
for a period of six years. 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit C.    

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AIR FORCE EVALUATION:

AFRC/A1K recommends denial indicating there is no evidence of an 
error or an injustice.  Per AFI 36-2638, Air Force Reserve 
Enlisted Incentives, service members who wish to reenlist with 
an incentive must be within six months of previous ETS, 
reenlisting in a bonus Air Force Specialty Code (AFSC) in effect 
on the date of reenlistment, and awarded at least a 3-skill 
level bonus AFSC.  An AF IMT 4021, Application for Incentive 
Participation, must be prepared and submitted.  The AF IMT 4021 
certifies the service member has been informed of and 
understands the commitment which entitles them to an incentive.  
A review of the documentation provided indicates the applicant 
was not eligible for a bonus and a contract had not been 
completed guaranteeing the bonus.  

Per AFI 36-2612, United States Air Force Reserve Reenlistment 
and Retention Program, the reenlistment is a legally binding 
contract and must be fulfilled.  If a service member wishes to 
separate from the Air Force Reserve they must exhaust all 
administrative avenues prior to applying for a correction of 
military records.  The criteria for requesting an early 
separation are contained in AFI 36-3209, Separation and 
Retirement Procedures for Air National Guard and Air Force 
Reserve Members; therefore, if the applicant wishes to apply for 
separation, he should contact his military personnel section for 
assistance.

A complete copy of the AFRC/A1K evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His career service advisor told him and fellow serviceman that 
if the bonus was not valid the reenlistment would be voided and 
his original ETS would be reinstated.  He was not familiar with 
the paperwork required to reenlist.  He depended on the 
knowledge of the career advisor and the MPF personnel for his 
reenlistment and eligibility for the bonus.  He was not aware 
the bonus expired at the end of September 2012.  He and his 
witness reenlisted within two weeks of each other.  His witness 
was notified six months after reenlisting that he needed to sign 
a contract for the bonus; however, he was never informed he 
needed to sign a contract for the bonus.  He understands his 
reenlistment is a binding contract.  He was lead to believe he 
was eligible and would get the bonus by the Wing career advisor, 
the MPF, and AFRC.  He believes this is a breach of contract and 
that this matter should be looked into.

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

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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.  The 
applicant argues that because he was miscounseled regarding his 
eligibility for a reenlistment bonus, that his reenlistment 
contract should be declared void.  After a thorough review of 
the evidence of record and the applicant’s complete submission, 
to include his rebuttal response, we are not convinced that 
corrective action is warranted.  While it appears as though the 
applicant may have been miscounseled regarding his eligibility 
for a reenlistment bonus, we are not convinced that this Board, 
the highest level of administrative level of appeal in the Air 
Force, should recommend corrective action when the applicant has 
not exhausted available administrative avenues of relief.  In 
this respect, we note that if the applicant desires to no longer 
serve in the Air Force Reserve, there are a variety of 
provisions in AFI 36-3209, Separation and Retirement Procedures 
for Air National Guard and Air Force Reserve Members, that allow 
a commander to approve a request for voluntary separation.  
Therefore, until such time as the applicant is able to exhaust 
his administrative avenues of relief, we are not convinced that 
it would be appropriate to recommend granting the requested 
relief, particularly when doing so would be adverse to the 
applicant as it would nullify whatever service he has performed 
since he reenlisted.  Therefore, in the absence of evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2013-01665 in Executive Session on 4 Feb 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-01665 was considered:

	Exhibit A.  DD Form 149, dated 10 Mar 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFRC/A1K, dated 21 Aug 13.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 13.
	Exhibit E.  Letter, Applicant, dated 14 Oct 13.




                                   
                                   Panel Chair