RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03546
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The recoupment of his incentive bonus be waived.
APPLICANT CONTENDS THAT:
When he lost his security clearance he was only a few months away
from completing a good year and fulfilling his obligation.
The applicant provides no rationale as to why his failure to
timely file should be waived in the interest of justice.
In support of his appeal, the applicant provides copies of his
security clearance appeal package.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 23 Feb 07, the applicant was appointed as a major in the USAFR.
AIR FORCE EVALUATION:
AFRC/A1K recommends denial indicating a reservist who accepts an
incentive bonus incurs an accompanying obligation to maintain
reserve status for the period of obligated service for which the
bonus was received. The loss of the security clearance was within
the member's span of control, i.e., his actions warranted the loss
of the security clearance. Appropriately, the applicant took
action on his part to seek an approved appeal to the vacation of
his security clearance. However, the decision to vacate and not
approve the applicants requested appeal of the loss of his
security clearance was rendered by the authoritative source for
such matters, the Air Force Personnel Security Appeal Board
(PSAB). The applicants appeal was denied by the PSAB. There is
no basis for the command to lend support to the applicants
request to waive him paying back the "signing bonus" he received.
The complete A1K evaluation is at Exhibit C.
DFAS-IN recommends denial indicating that the applicant received
an initial installment of his incentive bonus in the amount of
$25,000.00 with the understanding that he was to maintain reserve
status for the period of obligated service. However, with the
termination of his security clearance that requirement is no
longer an option.
A complete copy of the DFAS-IN evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 13 Dec 13 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit E).
THE BOARD CONCLUDES THAT:
1. The application was timely filed.
2. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. In this respect,
we note this Board is the highest administrative level of appeal
within the Air Force. As such, an applicant must first exhaust
all available avenues of administrative relief provided by
existing law or regulations prior to seeking relief before this
Board, as required by the governing Air Force Instruction. The
Air Force office of primary responsibility has reviewed this
application and indicated there is an available avenue of
administrative relief the applicant has not first pursued. In
view of this, we find this application is not ripe for
adjudication at this level, as there exists a subordinate level of
appeal that has not first been depleted. Therefore, in view of
the above, we find no basis to recommend granting the relief
sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified that he has not exhausted all available
avenues of administrative relief prior to submitting his
application to the BCMR and the application will only be
reconsidered upon exhausting all subordinate avenues of
administrative relief.
The following members of the Board considered AFBCMR Docket Number
BC-2013-03546 in Executive Session on 9 Oct 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03546 was considered:
Exhibit A. DD Form 149, dated 22 Jul 13, w/atchs.
Exhibit B. Pertinent Excerpts of Personnel Records.
Exhibit C. Letter, AFRC/A1K, dated 27 Sep 13.
Exhibit D. Letter, SAF/MRBR, dated 13 Dec 13.
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