RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03597
		 

			COUNSEL:  NONE
	
			HEARING DESIRED: YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect eligibility for the Enlisted 
Incentive Program bonus at the time of his enlistment on 
17 June 2010.  

________________________________________________________________

APPLICANT CONTENDS THAT:

1.  When he enlisted  in the Air Force Reserves he chose a 
career field that included a $15K enlistment bonus with the hope 
of providing the much needed financial assistance for his 
family.  It was his understanding that the Air Force would 
provide half of this bonus after completion of his required 
training, and half throughout the remainder of the six-year 
commitment.  He enlisted, completed training, and continued to 
train and serve in good faith that he would receive the 
enlistment bonus upon completion of basic training and technical 
training schools.

2.  He achieved Warhawk status for fitness excellence in basic 
training and he was an Airman Leader as well as President of the 
Airman's Council at technical training school.  He graduated 
both schools with honors.  In December 2010, upon completion of 
training and returning home, he was told by word-of-mouth that 
he was not going to receive his enlistment bonus until 
June 2011, the 1-year anniversary of his enlistment.  He 
inquired  about this within his chain of command but was not 
able to get confirmation.  

3.  In May 2011, he began to send his Chief e-mails inquiring 
about the bonus and asking what else needed to be done to begin 
the process.  In June 2011, he sent a letter of request for 
assistance to his congressman and received a response back which 
included the written response from the Air Force to his 
congressman.  A discrepancy in the Air Force letter stated that 
in December 2010, he declined the offer to submit the incentive 
bonus application to the Personnel  Division of AFRC “just in 
case.”  He had no official notification of his ineligibility for 
the incentive bonus until the June 2011 e-mail.  

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

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STATEMENT OF FACTS:

According to copies of documents extracted from the Automated 
Records Management System (ARMS), the applicant signed an 
initial enlistment contract on 17 June 2010, agreeing to serve 
in the Air Force Reserves for 6 years.  Effective 
28 February 2012, the applicant was relieved from assignment 
with the Air Force Reserves.  He enlisted in the Maine Air 
National Guard on 29 February 2012 and is currently serving in 
the grade of Senior Airman, E-4.  

According to documentation submitted by the applicant, in 
addition to the 17 June 2010 enlistment contract, he also signed 
a DD Form 1966/4, Record of Military Processing – Armed Forces 
of the United States, stating that “based on documentation 
furnished, he met the initial eligibility requirements for the 
Enlisted Incentive Program in Duty Air Force Specialty Code 
(DAFSC) 3D0X3.  However, entitlement to the incentive is 
contingent upon his meeting all eligibility requirements on the 
date HQ AFRC/A1BR approves the entitlement to bonus payments.”

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C.  

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AIR FORCE EVALUATION:

AFRC/A1K recommends denial.  A1K states in accordance with AFI 
36-2638, Air Force Reserve Enlisted Incentives, para 1.1.1., 
non-prior service personnel must enlist in a bonus Duty Air 
Force Specialty Code (DAFSC) in effect on the date of their 
enlistment in order to be given the entitlement incentive. The 
applicant enlisted as a 3DOX3, Cyber Systems Surety Helper, on 
17 June 2010, at Westover Air Reserve Base (ARB) for six years.  
This DAFSC was not authorized an incentive for Westover ARB 
during Fiscal Year (FY) 2010 (1 Oct 09-30 Sep 10). Furthermore, 
the documentation the applicant provided does not substantiate 
his request for an incentive bonus.  Thus, due to the lack of 
documentation to support approval of the applicant's request, 
the basis for recommended disapproval is established.

The complete AFRC/A1K evaluation is at exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 6 November 2012 for review and comment within 30 
days (Exhibit D).  To date, a response has not been received.  

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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.  Sufficient relevant evidence has been presented to demonstrate 
the existence of an injustice.  After a thorough review of the 
evidence of record and the applicant’s complete submission, we are 
persuaded relief is warranted.  We note the comments of the Air 
Force office of primary responsibility indicating the 3DOX3, Cyber 
Systems Surety Helper, DAFSC was not authorized an incentive bonus 
for Westover ARB during Fiscal Year (FY) 2010.  On the other hand, 
the applicant selected the 3D0X3 DAFSC from the unit’s Master 
Incentive List presented to him.  Had the applicant been advised 
the DAFSC he selected would not pay a bonus, he would have been 
able to select one that did.  However, neither the recruiter nor 
the mission support squadron personnel were aware of the AFRC 
determination that the incentive eligibility for airmen in 3DOX3 
positions would be based on the original DAFSC of the assigned 
position, prior to the conversion.  We are persuaded that the AFRC 
determination deprived the applicant of necessary information in 
order to properly consider his enlistment options.  It is 
significant in this case that the applicant relied to his 
detriment on the representations of Air Force personnel.  
Therefore, we believe it is in the interest of justice to grant 
the applicant the enlistment incentive bonus he would have 
received for the time served in the Air Force Reserve had he held 
an approved DAFSC on the day he signed the agreement.  We believe 
this constitutes full and equitable relief based on the total 
circumstances of his case.  Therefore, we recommend his records be 
corrected as indicated below.

________________________________________________________________

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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that he 
enlisted for 6 years on 17 June 2010, for a $15,000 incentive 
bonus and, based on his participation in an approved Air Force 
Specialty Code, he is entitled to be paid $8,625.00.  

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 16 April 2013, under the provisions of 
AFI 36-2603:

				, Panel Chair
				, Member
				, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-03597:

    Exhibit A.  DD Form 149, dated 9 July 2012, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/A1K, dated 30 October 2012.
    Exhibit D.  Letter, SAF/MRBR, dated 6 November 2012.