AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 95-00926
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Zone A, Multiple One, Selective Reenlistment Bonus (SRB)
which was recouped on or about 17 March 1993 be reinstated and
that he be reimbursed for the additional $400.00 he was required
to pay back in conjunction with the recoupment.
APPLICANT CONTENDS THAT:
He has no idea how the AFSC in which he reenlisted and received a
SRB was removed. When he was going through the process of
applying for retraining, the person who was helping him at his
local military personnel flight (MPF) was new at the job and not
quite sure how to reclassify him into the Pararescue career
field. This may have been the cause for the removal of his
original AFSC.
In support of his request, applicant submits documents associated
with the issues cited in his contentions. These documents are
appended at Exhibit A.
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air
Force on 2 November 1989. He is currently on active duty in the
grade of airman basic (E-I), with the effective date and date of
rank of 9 March 1998.
The applicant reenlisted on 12 February 1993 for a period of four
years in the Control Air Force Specialty Code (CAFSC) of 36151.
The r e l e v a n t f a c t s p e r t a i n i n g t o t h i s a p p l i c a t i o n , e x t r a c t e d from
t h e a p p l i c a n t ' s m i l i t a r y r e c o r d s , a r e c o n t a i n e d i n t h e l e t t e r s
t h e A i r F o r c e .
p r e p a r e d
by
i n t h i s
A c c o r d i n g l y ,
Record of P r o c e e d i n g s .
o f f i c e s
t o r e c i t e t h e s e f a c t s
of
t h e
a p p r o p r i a t e
t h e r e i s no need
AIR STAFF EVALUATION:
The BCMR/Special Actions Section, AFMPC/DPMAPE, stated that the
applicant was a first term airman who applied for a Career Job
Reservation (CJR) in AFSC 361x1 on 10 Dec 92.
His CJR was
approved shortly thereafter with a 12 Feb 93 expiration date. He
also had applied for CAREERS retraining during this same
timeframe. The applicant reenlisted in AFSC 361x1 on 12 Feb 93
and received a Zone A, Multiple One, SRB. It appears since he
had not received a response on his retraining application, he
elected to reenlist in AFSC 361x1 rather than allow his CJR to
expire and risk disapproval of his retraining application. Had
the applicant allowed his CJR to expire and if his retraining
application had been disapproved, he would have had to separate
on 1 November 1993. Based on input from the Retraining Section
at AFMPC, the applicant received approved CAREERS retraining into
AFSC 115x0 (which was authorized a Zone A, Multiple One-Half SRB)
on 4 February 1993, prior to his reenlistment in AFSC 361x1.
However, it appears both the applicant and CBPO personnel were
unaware of the approved retraining. A review of the AF Form 901
(Reenlistment Eligibility Annex to DD Form 4) does not reflect
the reenlistment guarantees normally associated with approved
CAREERS retraining. The applicant was allowed to continue his
CAREERS retraining into AFSC 115x0 even though he had already
reenlisted in AFSC 361x1. As a result of his reenlistment, his
category of enlistment was changed to reflect he was a second
term airman. Normally, CAREERS retraining is reserved for first
term airmen. On or about 17 March 1993, the applicant's Zone A,
Multiple One, SRB was recouped. Since the SRB recoupment took
place at a base which has since been closed, it is difficult to
determine for certain who directed the recoupment and why the
action was taken. The applicant states he was advised by his
previous supervisor, that the SRB was recouped as he would no
longer be working in the SRB AFSC due to his retraining. He
claims unit personnel at his next station informed him his SRB
was wrongfully recouped which generated his request for
reinstatement of the SRB.
DPMAPE stated that there were some Personnel Data System (PDS)
update irregularities in the applicant's case. The applicant did
not reenlist to qualify for retraining but instead reenlisted in
his previous AFSC (361x1) with a normal approved CJR.
The
applicant's previous AFSC (361x1) was removed from the PDS and
the retraining AFSC (115x0) loaded shortly after his retraining
was confirmed.
The
Classification Office at AFMPC directed that the be PDS corrected
to reflect the original AFSC (361x1). The most significant
irregularity occurred when the Retraining Section, AFMPC, updated
an SRB waiver code in the PDS. It was initially updated to
reflect the applicant had retrained into an equal or greater SRB
AFSC. This is not what occurred in the applicant's case. As
information, SRB waiver codes are updated to facilitate
retraining or assignment into an AFSC other than the SRB AFSC.
SRB waiver codes are normally approved in cases were the Air
This was not the correct update.
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95- 00926
Force has determined there is a more immediate need for
individuals in another AFSC other than their SRB AFSC.
Accordingly, if approved for an SRB waiver, the individual would
continue to receive SRB payments from the previous reenlistment.
DPMAPE recommended denial of the applicant's request to have the
recouped SRB reinstated. It appears the recoupment action was
based on Air Force policy in effect at the time of the
applicant's reenlistment. According to the policy, individuals
who reenlisted to qualify for the retraining and when they
retrained from an AFSC with a higher SRB into an AFSC with a
lower SRB, they were not entitled to an SRB.
Based on this
policy, it appears corrective action to recoup his SRB was taken
shortly after the applicant reenlisted. This was a valid action
since the applicant was not entitled to the SRB. In July 1994,
the policy was changed to allow applicants retraining from a
higher SRB to a lower SRB AFSC to receive the lower SRB.
DPMAPE indicated that if the Board believes the applicant Is
situation warrants relief, the Board could grant him a Zone A,
Multiple One-Half, SRB in conjunction with his four-year,
12 February 1993 reenlistment, with obligated service through
1 November 1993 (Exhibit C).
The Claims Section, DFAS-DE/FYDEC, stated that the applicant is
requesting reimbursement for an additional $400.00 he alleges he
was required to pay back in conjunction with a Selective
Reenlistment Bonus (SRB) recoupment. The gross amount of the
applicant's SRB on 12 February 1993 was $1,830.07. The Federal
Income Tax Withheld (FITW) was $366.01; therefore, the net amount
received by the applicant was $1,464.06. When the applicant's
Air Force Specialty Code (AFSC) changed, the SRB was recouped in
the amount of $1,830.07 and the FITW wages were reduced by that
amount. The FITW deduction of $366.01 was probably refunded to
the applicant when he filed his 1993 income tax return. Since
the amount recouped equals the gross amount of SRB, there has not
been an error. FYDEC concurs with the denial recommendation of
AFMPC/DPMAPE (Exhibit D) .
Through further research with DFAS-DE/FYDEC, the following
information was provided: (FITW - Federal Income Tax Withheld)
Date - SRB
1993
$1830.07
Jan
Feb
Mar-Apr
May-Oct
Nov- Dec
Total-Year
F I TW - SRB
Re coupe d
FITW
$366.01
$1830.07
$ 32.63
398.64
65.26
- 0 -
90.92
$507.45
From May through Oct (6 months), the applicant repaid the SRB
debt in the amount of $305.01 a month for a total of $1830.07.
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95-00926
0
4
During this six month period, zero (0) federal income tax was
withheld. Applicant's normal rate of FITW during this period
would have been $32.63 x 6 = $195.78. FITW-SRB was $366.01 -
195.78 (adjustment) = $170.23 unrecovered until he filed his tax
return (1040) with the Internal Revenue Service (IRS).
The applicant's total amount of FITW for the year was $587.45,
this amount included the SRB tax withheld and was reflected on
his W-2 for the tax year 1993 (the $366.01 FITW-SRB is not listed
as a separate entity on the W-2). DFAS indicated that since the
applicant's SRB was not calculated into his year-end wages, the
unrecovered FITW would have been recovered when he filed his 1993
Federal Income Tax Return with the IRS.
DFAS indicated that when the applicant was initially issued the
SRB in Feb 93, the FITW was transferred quarterly to the IRS.
Since the money was sent to another agency, any adjustment would
be made through that agency (IRS) and not the Air Force.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant
on 10 July 1995 for review and response. As of this date, no
response has been received by this office (Exhibit E).
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of probable 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 respective Air Force offices and adopt
their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. In
this respect, it was noted that the Selective Reenlistment Bonus
(SRB) recoupment action was based on Air Force policy in effect
at the time of the applicant's reenlistment and, due to this
policy, he was not entitled to the SRB.
Therefore, absent
sufficient evidence to the contrary, we find no compelling basis
to recommend granting the relief sought in this application.
THE BOARD DETERMINES THAT:
~
~~
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or
injustice; that the application was denied without a personal
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9 5 - 0 0 9 2 6
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 this application in
Executive Session on 9 July 1998, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Michael P. Higgins, Member
The following documentary evidence was considered:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E .
DD Form 149, dated 7 Mar 95, w/atchs.
Applicant's Master Personnel Records.
Letter, HQ AFMPC/DPMAPE, dated 17 May 95.
Letter, DFAS-DE/FYDEC, dated 14 Jun 95
Letter, SAF/MIBR, dated 10 Jul 95.
THOMAS S. MARKIEWICZ
Panel Chair
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9 5 - 0 0 9 2 6
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