RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00470
INDEX NUMBER: 128.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be relieved of the obligation to repay the Selective
Reenlistment Bonus (SRB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time he applied the Military Training Instructor (MTI)
duty, the regulations, allowed members to receive their SRB if
they reenlisted prior to applying for the SDI. He reenlisted on
27 September 2008 and applied for MTI duty in March 2009, upon
completion of his application, there was no mention of forfeiture
of the SRB. He will return to the Security Forces career field
(3P0X1) in fiscal year 2010 and will perform the exact duties for
which he received the SRB.
In support of his appeal, the applicant provides copies of his
MTI application, his AF IMT 901, Reenlistment Eligibility Annex
to DD Form 4, DD Form 4/1, Enlistment Document Armed Forces of
the United States; extract copies from continuity book and
special duty assignment application.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 6 December
2002. The applicant reenlisted on 27 September 2008, for four
years with entitlement to a Zone A, Multiple 1.0 bonus, based on
four years of continued service.
He had previously signed AF Form 901 on 24 September 2008,
certifying in Section D that he understood and agreed to the
conditions which might (1) terminate his continued entitlement to
unpaid bonus installments and (2) cause a portion of advance
bonus payments to be recouped or terminated. On 17 February
2009, the applicant applied for MTI. The applicant was approved
for a Special Duty Assignment in May 2009.
In June 2009, the Air Staff completed an audit of the SRB
recipients and identified the applicant and many others as being
ineligible for a SRB because he did not complete the duties in
the SRB career field.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states while there was an
initial mistake made by not recouping the SRB immediately upon
approval of the Special Duty, they find no evidence that supports
the applicant receiving an SRB he is not entitled. While the
applicant submits a copy of a regulation, which appears to be a
page out of an old continuity book, the front cover would have
stated AFI 36-2606, Reenlistment in the USAF, dated 21 November
2001, is the valid policy. AFI 36-2606 states 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.
While the applicant states he is returning to the Security Forces
career field, his records indicate he has had recent disciplinary
issues that may require his removal from the Special Duty.
Presently, there is no evidence or projection for him to return
to the Security Forces career field in his records.
The complete DPSOA evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 24 March 2010, for review and comment within 30 days. As of
this date, this office has received no response. (Exhibit C)
_________________________________________________________________
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. 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 7 months he
served in the 3P0X1 Air Force specialty in conjunction with his
27 September 2008 reenlistment.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00470 in Executive Session on 23 September 2010,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
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 3 Feb 10, w/atchs.
Exhibit B. Letter, AFPC/DPSOA, dated 10 Mar 10.
Exhibit C. Letter, SAF/MRBR, dated 24 Mar 10.
Panel Chair
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