RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00452
INDEX CODE: 128.05
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
Recoupment of his initial payment of the Selective Reenlistment
Bonus (SRB) be stopped.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He reenlisted in an SRB Air Force Specialty Code (AFSC) and
received his initial payment of the SRB in Mar 09, but was
unaware of his selection for duty as a Military Training
Instructor (MTI) until the summer of 2009. He inquired on
several occasions, while going through the reenlistment process,
since he was planning to apply for MTI duty, as to whether or
not he would still be able to receive the bonus, and on numerous
occasions, the reply was simply, yes. The local military
personnel flights (MPFs) answer was based on information in
the continuity book. Since being assigned as an MTI, the MPF at
Lackland AFB advised him that the continuity book had been
recently changed; however, he believes someone was trying to
cover up something.
He did not try to deceive the Air Force and if the SRB has to be
paid he will gladly give it back as long as he can continue to
serve as an MTI.
In support of his appeal, the applicant provides a personal
statement; a letter of support from his former supervisor, and
other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
In Feb 09, the applicant applied for Special Duty as an MTI. He
reenlisted in his SRB AFSC on 5 Mar 09 for a period of 4 years
and 19 months and was paid a Zone B, Multiple 2, SRB in the
2W051 Munitions Systems career field. The applicant was
approved and given a special duty assignment as an MTI with
reporting on 15 Sep 09.
In Jun 09, the Air Staff initiated an audit of SRB recipients
and the applicant was identified as being ineligible for the
SRB, because he was not completing duties in the SRB career
field.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial, stating, in part, that although an
initial mistake was made, by not recouping the SRB immediately
upon the applicant being approved for special duty, we find no
evidence that supports him receiving an SRB he is not entitled
to. In accordance with (IAW) AFI 36-2606, Reenlistment in the
USAF, para 2.17., an airmen must complete the full term of
enlistment or extension of enlistment in the SRB skill; failure
to do so may result in termination and recoupment.
The purpose of the SRB program is to help sustain the career
force in those critical skills with insufficient reenlistment
through entitlement to a monetary incentive. The applicant
submitted a copy of what appears to be a page out of an old AFPC
continuity book that states he would get to keep the bonus as
long as he reenlisted prior to being accepted for special duty
(sic). However, the AFPC continuity book front cover and page
provided has the following statement at the top, AFI 36-2606 is
valid policy and this continuity book is designed to assist the
FSS in the performance of those functions. It does not replace
the AFI, but was designed to assist in the performance of those
duties. This statement was removed from the AFPC continuity
book on 17 Jun 09 as it is not correct. The official guidance
(AFI 36-2606) which is dated and has been in effect since 21 Nov
01, states, airmen must complete the full term of enlistment or
extension.
The complete AFPC/DPSOA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 Apr 10 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 partial
relief. In this respect, the applicant contends he was
miscounseled into believing he was authorized a SRB. While the
Air Force office of primary responsibility (OPR) finds no error
or injustice that would entitle him to the SRB, we disagree in
part. The OPR acknowledges that a mistake was made leading to
the payment and recoupment of the unauthorized SRB. We believe
the applicant made his decision to reenlist with the intent of
receiving the bonus in good faith based upon the guidance he
received. Accordingly, it is our opinion the applicant has
established reasonable doubt as to whether or not he was
properly counseled, and it is our belief that any doubt in this
matter should be resolved in his favor. While the Board
Majority recommends the applicants records be corrected to show
he was entitled to an SRB for the months he served in the
qualifying AFSC, this may not constitute the sum of the total
relief he seeks; however, we believe correcting the records in
this manner provides the applicant full and fitting relief. In
view of the above, the Board Majority recommends his records 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 he was
authorized, by competent authority, as an exception to policy,
to receive a Selective Reenlistment Bonus (SRB) for the time he
served in the 2W051 Air Force specialty in conjunction with his
5 March 2009 reenlistment.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00452 in Executive Session on 23 September 2010,
under the provisions of AFI 36-2603:
By a majority vote, the Board voted to grant the applicants
request. XXX voted that no recoupment action should be
made for the portion of the SRB already paid to the applicant,
but did not desire to submit a minority report. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 24 Mar 10.
Exhibit D. Letter, SAF/MRBR, dated 16 Apr 10.
Panel Chair
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