RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01559
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Selective Reenlistment Bonus (SRB) debt be stopped and
removed from the time he was selected as a Military Training
Leader (MTL).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was notified in April 2010 that since he accepted a
position as a MTL, the Air Force was going to collect his SRB.
He was informed that if he thought this to be in error that he
should submit a DD Form 149, Application for Correction of
Military Record under the Provisions of Title 10, U.S. Code,
Section 1552); therefore, he immediately submitted his request.
However, he never heard back regarding his case and assumed that
it had been settled. Over a year and a half passed and the base
finance office is now telling him that they intend to start
collecting the debt from his paycheck next month (Oct 11).
2. He found out that the Air Force Board for Correction of
Military Records (AFBCMR) had sent him a letter; however, the
letter went to a wrong address and because he did not respond,
his case was administratively closed. After 16 months of
thinking his case was settled, finance began the paperwork to
recover the debt. Additionally, the Military Personnel Data
System (MilPDS) reflected his Assignment Limitation Code as O
at the time, which further led him to believe that his case was
closed in his favor. The O has since been removed. When he
contacted finance, their computer system did not show he ever
received an SRB, again leading him to believe that his case was
favorably closed and the debt had been removed.
3. Other MTLs were provided an opportunity to either return to
their original career field or repay the bonus; however, he was
never given that offer. Had he been given that offer back in Apr
10, he may have accepted. Now that he has purchased a home and
settled his family in Texas, that offer would cause him to lose
tens of thousands of dollars and would cause an extreme amount of
distress to him and his family.
In support of his request, the applicant provides a copy of his
8B100 (MTL) Special Duty Application and e-mail communications.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
technical sergeant (E-6).
On 22 Jun 10, SAF/MRBR sent a letter to the applicant, to the
address on file, requesting his DD Form 149 be resubmitted with a
signature. The applicant did not respond.
The applicant reopened his case on 26 Sep 11 and provided an
updated address.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which is at Exhibit B and C.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-IN recommends denial. The applicant was notified of a debt
through his Leave and Earning Statement (LES) dated May 2010.
Prior to the change in his Military Occupational Skill (MOS), the
applicant requested a change to his MTL Special Duty at which
time it should have been explained that a change to a non bonus
MOS would cause a recoupment.
The complete DFAS-IN evaluation is at Exhibit B.
AFPC/DPSOA recommends the Board direct DFAS not to collect the
SRB payment for the 15 months the applicant worked in the
critical career field. The applicant reenlisted on 28 Jan 09 for
4 years and 24 months with entitlement to a zone B multiple 1.5
SRB in the 2P051 career field. However, on 19 Oct 09, he
volunteered and was accepted for a Special Duty Assignment which
was effective 2 Apr 10. DPSOA notes that in Apr 10 the Air Staff
changed its original policy in that failure to complete at least
50% of the SRB enlistment/extension before volunteering and being
selected to work outside of the SRB skill would result in
termination and recoupment of all unearned SRB money. Per AFI
26-2606, Reenlistment in the USAF, SRB termination and recoupment
are mandatory when members, voluntarily, do not complete the term
of enlistment, reenlistment, or extension; SRB termination
requires recoupment of the unserved part.
DPSOA states had they received his application back in Apr 10,
they would have offered him the same opportunity they offered
other members in similar situations; the option to return to his
SRB career field and continue to receive the SRB minus the time
out of the SRB career field.
The complete DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 22 Dec 11 for review and comment 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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting a
measure of relief. In this regard, the applicant states he was
not afforded the same opportunity as others in his same
situation; which was to return to his SRB career field and keep
the SRB. However, the applicant has indicated it is not
advantageous for him to return to his SRB career field.
AFPC/DPSOA states that had they received his request back during
the same time frame as the other members similarly situated, they
would have offered him the same opportunity which was to return
to his SRB career field and continue to receive the SRB minus the
time out of the SRB career field. AFPC/DPSOA has recommended the
applicant be partially relieved of the debt for the 15 months he
worked in the SRB career field. We believe that the suggested
corrective action offered is a fair and equitable resolution.
Therefore, we recommend that the 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 competent
authority approved the remission of the $5007.81 portion of the
debt established from the selective reenlistment bonus he earned
and received in conjunction with his 28 January 2009
reenlistment.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-01559 in Executive Session on 24 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Sep 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-IN, undated.
Exhibit D. Letter, AFPC/DPSOA, dated 12 Dec 12 [sic].
Exhibit E. Letter, SAF/MRBR, dated 22 Dec 11.
Panel Chair
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