RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00465
INDEX CODE: 128.05
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He not be required to repay the Selective Reenlistment
Bonus (SRB) he signed for with his last reenlistment.
________________________________________________________________
APPLICANT CONTENDS THAT:
He reenlisted prior to being accepted for special duty and will
return to the SRP skill before his current reenlistment is
completed.
In support of his appeal, the applicant provides copies of his
Military Training Instructor (MTI) Duty Application, extracts
from a continuity book, AF IMT 901, Reenlistment Eligibility
Annex to DD Form 4, and DD Form 4/1, 4/2, Enlistment/Reenlistment
Document Armed Forces of the United States.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the Regular
Air Force in the grade of staff sergeant (SSgt E-5). He
reenlisted on 1 Apr 09, for five years and five months, with
entitlement to a Zone A Multiple of 1.0 SRB, in the 3P051
security forces career field. On 15 Apr 09, he volunteered for
special duty as a military training instructor. His application
was approved and on 30 Jul 2009 he was reassigned as an MTI.
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.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA indicates there was an
initial mistake made by not terminating and recouping the SRB
when he was approved for special duty. However, they find no
evidence that supports the applicant receiving an SRB he is not
entitled to, when many other Air Force members will not receive
the SRB, even though the same circumstances apply to them with
the exception of the initial mistake.
DPSOA states the applicant submitted a copy of an old continuity
book that states he would get to keep the bonus as long as he
reenlisted prior to being accepted for special duty. This
statement was removed from the continuity Book on 17 Jun 09, as
it is not correct. Additionally, the continuity book states to
use the continuity book in addition to AFI 36-2606, Reenlistment
in the Air Force, and policies/messages announcements. It does
not replace the AFI, but was designed to assist in the
performance of those duties. Clearly the official guidance which
is dated and been in effect since 21 Nov 01, states airman must
complete the full term of their enlistment or extension and to
terminate the bonus if the member voluntarily remove themselves
from the skill.
DPSOA indicates that 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. His military personnel office was
instructed to a reaccomplish his reenlistment documents without
entitlement to an SRB, and to counsel the applicant on the
recommendation to establish a prepayment plan with the Defense
Finance and Accounting Service (DFAS) to prevent withholding at
the high rate.
The complete AFPC/DPSOA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 12 May 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 recommends the
applicants records be corrected to show he was entitled to an SRB
for twelve months he is projected to serve 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 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 twelve (12)
months in conjunction with his 1 April 2009 reenlistment.
________________________________________________________________
The following members of the Board considered Docket Number BC-
2010-00465 in Executive Session on 5 Oct 10, under the provisions
of AFI 36-2603:
Mr. ------------, Panel Chair
Ms. ------------, Member
Mr. ------------, Member
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 1 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 15 Apr 10.
Exhibit D. Letter, SAF/MRBR, dated 21 May 10.
-----------
Panel Chair
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