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AF | BCMR | CY2008 | BC-2007-02514
Original file (BC-2007-02514.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02514
            INDEX CODE:  112.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive the remaining payment of his reenlistment bonus.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was involuntarily displaced by the Reserve and required  to  relocate  to
another base to continue his career.

In support of the  application,  the  applicant  submits  letters  from  452
AES/CC, 349 MSS/DPMS, his assignment information, and duty history.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant’s pay date is 6 Dec 89.  He is currently serving  in
the grade of master sergeant, effective and with a date of  rank  of  1  Mar
03, and his duty AFSC is 4A171, Medical Material Craftsman.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits B & F.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/A1BR recommends approval.  A1BR states  the  documentation  reflects
that the applicant's bonus was terminated due to  his  transfer  from  March
ARB, CA to Travis AFB, CA.  A1BR notes  the  applicant  transferred  due  to
programmatic  changes  in  the  unit's  manning  and  the  gaining  Military
Personnel Flight (MPF) did  not  cancel  his  bonus  until  after  they  had
processed the fifth of six payments.

The complete A1BR evaluation is at Exhibit B.

HQ AFRC/JA recommends denial.  JA  states  the  guiding  principle  is  that
Reservists who receive a reenlistment bonus relinquish their  right  to  the
bonus if voluntarily leaving the position for which  the  bonus  was  given.
Such a  rule  deters  "bait  and  switch"  tactics  potentially  used  by  a
Reservist.  A major exception to this rule is  when  the  Government  causes
the move from a position authorized a bonus a non-bonus position.

JA notes although the applicant's position was downgraded from E-7  to  E-5,
his commander kept him as an overgrade in the downgraded position –  he  was
not forced from his position.  In  addition,  there  were  other  E-7  bonus
positions available to him at March ARB.   JA  opines  the  applicant  could
have avoided the entire  issue  had  he  complied  with  the  terms  of  his
contract.  JA concludes there is no authority  for  continuing  reenlistment
bonus payments  after  a  reservist  voluntarily  leaves  his  bonus-related
position.

The complete JA evaluation, with attachments, is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, he contends he fulfilled his obligation  and  met  all  his
requirements  under  the  contract.   The  Aeromedical  Evacuation   Manning
Document was modified and caused his contract not to be fulfilled.

He never resigned, signed anything, or gave cause to be separated  from  the
Air Force.  He was placed in an overage slot that  limited  his  chance  for
promotion.  His Commander, Wing Career Advisor and other units  were  unable
to  place  him  in  another  position  and  clear  guidelines   were   never
established.  Members affected by force reduction may continue in the  bonus
program.  AFI 36-2638 clearly applies to  his  situation  as  he  was  never
reassigned, retrained, nor were any master sergeant positions  available  in
his career field.

The Air Force Reserve Command caused the move when  positions  were  removed
from the manning document.  AF IMT 4021 states,"…voluntarily  moved  out  of
the bonus AFSC, unless expressly directed, or  transferred  to  a  non-bonus
locale.  His  commander  clearly  directed  in  her  22  Jan  08  electronic
message, "…it was in everyone's best interest to find another assignment…"

The applicant's complete submission is at Exhibit H.

_________________________________________________________________

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 warranting  relief.   The  Board  majority  agreed
with the opinion and recommendation of HQ  AFRC/A1BR  and  believes  that  a
reasonable expectation of receiving the bonus payments was  created  due  to
the failure of the new gaining unit to timely cancel the  applicant's  bonus
payments.  Additionally, reasonable doubt has been  created  as  to  whether
the applicant believed he had to transfer to continue his career.  We  elect
to resolve any doubt in the applicant's favor.  Therefore, we recommend  the
applicant's record 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  his  entitlement  to  Reenlistment
Bonus number 015554 was not terminated on  13 September  2006,  but  rather,
his eligibility  to  Reenlistment  Bonus  number  015554  was  continued  by
competent authority until 1 October 2007.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 20 March 2008, under the provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Lea Gallogly, Member
                 Ms. Renee M. Collier, Member


By a majority vote, the members voted to grant the  request.   Mr. James  W.
Russell, III, voted to deny the applicant's request and did  not  desire  to
submit a minority report.

The following documentary evidence was considered in AFBCMR BC-2007-02514:

     Exhibit A.  DD Form 149, dated 12 Jul 07, w/atchs.
     Exhibit B.  Letter, HQ AFRC/A1BR, dated 30 Aug 07.
     Exhibit C.  Letter, SAF/MRBR, dated 21 Sep 07.
     Exhibit D.  Letter, AFRBA Legal Advisor, dated 19 Dec 07.
     Exhibit E.  Letter, AFBCMR, dated 28 Dec 07.
     Exhibit F.  Letter, HQ AFRC/JA, dated 28 Jan 08, w/atchs.
     Exhibit G.  Letter, AFBCMR, dated 13 Feb 08.
     Exhibit H.  Letter, Applicant, dated 3 Mar 08, w/atch.




                                   JAMES W. RUSSELL III
                                   Panel Chair



AFBCMR BC-2007-02514




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 his entitlement to
Reenlistment Bonus number 015554 was not terminated on 13 September 2006,
but rather, his eligibility to Reenlistment Bonus number 015554 was
continued by competent authority until 1 October 2007.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency







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