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AF | BCMR | CY2013 | BC 2013 05103
Original file (BC 2013 05103 .txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-05103
								 
	XXXXXXX					COUNSEL:  NONE

								HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a waiver for entitlement to a Zone B, Multiple 7.0, Selective Reenlistment Bonus (SRB).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was miscounseled regarding his eligibility for a Zone B, Multiple 7.0, SRB, resulting in an indebtedness for the erroneous payment of a Zone B, SRB.

In support of the appeal, the applicant submits his personal statement, extracts from his personnel records, and relevant email traffic.

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of staff sergeant (E-5).

In accordance with Title 10 United States Code, Section 9837, Settlement of Accounts: Remission or Cancellation of Indebtedness of Members, the Secretary of the Air Force is authorized to remit (forgive or pardon of indebtedness, either in whole or in part) or cancel (complete pardon of indebtedness) any part of the indebtedness of a person to the United States incurred while serving on active duty as a member of the Air Force, if the Secretary considers such action to be in the best interest of the United States.  The Assistant Secretary of the Air Force for Manpower and Reserve Affairs (SAF/MR) exercises this authority on behalf of the Secretary and has further delegated this authority to the Director of the Air Force Review Boards Agency (SAF/MRB), who implements this authority through the Secretary of the Air Force Remissions Board.
The applicant has recently applied to the Secretary of the Air Force Remissions Board.

________________________________________________________________

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.  In view of the applicant’s recent application to the Secretary of the Air Force Remissions Board, we find there is an available avenue of administrative relief he has not first pursued.  In view of this, we find this application is not ripe for adjudication at this level, until such time as the Secretary of the Air Force Remissions Board has rendered a decision on his remission application.  Moreover, until such time as this subordinate level of review has been completed, we are not convinced the applicant has been the victim of an error or an injustice.  Therefore, in view of the above, we find no compelling basis to recommend granting the relief sought in this application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-05103 in Executive Session on 16 January 2014, under the provisions of AFI 36-2603:

	XXXXXXX, Panel Chair
	XXXXXXX, Member
	XXXXXXX, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 15 Oct 13.




                                   Panel Chair





DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC



Office of the Assistant Secretary



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