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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