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AF | BCMR | CY2008 | BC-2007-03182
Original file (BC-2007-03182.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03182
            INDEX CODE:  112.00
      XXXXXXXXXXXXXXXX COUNSEL:  NONE
            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He receive the final payment of his Selective Reenlistment  Bonus  (SRB)  in
the amount of $6000.00.

________________________________________________________________

APPLICANT CONTENDS THAT:

He reenlisted in good faith and will continue to serve out his part  of  the
contract.  Due to an Air Force error, DFAS has made the decision not to  pay
his last SRB installment.  The  Air  Force  made  the  error  not  him.   He
respectfully requests the Air Force uphold their end  of  the  contract  and
pay the last $6,000.00 SRB payment.

In support of his request, applicant provides a copy of the 17 Aug 07, DFAS-
DE remission letter.  The applicant’s complete submission, with  attachment,
is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates that on 3 Nov 03, the applicant reenlisted in the Air Force for  a
period of six years establishing a date of separation of 2 Nov  09.   He  is
currently serving on active duty in the  grade  of  staff  sergeant,  having
assumed that grade effective and with a date of rank of 1 Oct 05.

________________________________________________________________

AIR FORCE EVALUATIONS:

DFAS-JECC/DE  recommends  denial.    DFAS-JECC/DE   states   the   applicant
reenlisted on 3 Nov 03, entitling him to the SRB which  was  established  in
the amount of $60,000.00.  After the initial installment of $30,000.00,  the
yearly installments were in the amount of $6,000.00.   In  Dec  06,  it  was
determined the obligated service of 540 days, 3 Nov 03  through  1  May  05,
was not included in computing the SRB, thereby reducing the  entitlement  to
$47,231.10  and  creating  a  debt.   After  the  initial   installment   of
$23,615.55, the yearly installments were corrected to $4,723.11.  On 17  Aug
07, DFAS-DE, Waivers and Remissions, informed the applicant the debt in  the
amount of $20,938.23 for the period 3 Nov 03  through  3  Nov  06,  will  be
remitted when the term of the applicants contract is fulfilled,  which  will
be on 2 Nov 09.  DFAS-JECC/DE advises that  on  5  Nov  07,  the  final  SRB
installment issued to the applicant was the correct  amount  of  $4,7231.11.
The DFAS-JECC/DE complete evaluation is at Exhibit C.

AFPC/DPSOA recommends denial.  DPSOA states the applicant  is  not  entitled
to any further SRB payments.  The applicant has received the authorized  SRB
payment for the six-year term of enlistment plus an  additional  $20,938.23;
therefore, the last payment should not  be  made.   The  AFPC/DPSO  complete
evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  7
Dec 07 for review and response within  30  days.   As  of  this  date,  this
office has received no response.

________________________________________________________________

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.   We  took  notice  of  the  applicant’s
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of the  Air  Force  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  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 material error  or  injustice;  that  the  application  was
denied without a personal 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 Docket  Number  2007-03182  in
Executive Session on 10 Jan 08, under the provisions of AFI 36-2603:

      Mr. James W. Russell, III, Panel Chair
      Mr. Mark J. Novitski, Member
      Mrs. Lea Gallogly, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
03182 was considered:

     Exhibit A.  DD Form 149, dated 18 Sep 07, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, DFAS-JECC/DE, undated.
     Exhibit D.  Letter, AFPC/DPSOA, dated 28 Nov 07
     Exhibit E.  Letter, SAF/MRBR, dated 7 Dec 07.




                                   JAMES W. RUSSELL III
                                   Panel Chair




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