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AF | BCMR | CY2014 | BC 2014 03476
Original file (BC 2014 03476.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03476

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

Recoupment of her reenlistment bonus be stopped and her debt 
be waived.  


APPLICANT CONTENDS THAT:

Recoupment of her bonus after eight years is unjust.  She 
was not briefed back in Oct 06, that her management directed 
move would affect her bonus; nor was the Retention office 
briefed of her involuntary move out of her bonus Air Force 
Specialty Code (AFSC).  

She reenlisted into a bonus AFSC for a period of six 
years; however, after her spouse's tragic death in a work-
related accident, she was involuntarily moved out of her bonus 
AFSC due to her "emotional state" and the high mobility tempo 
level in her position.  

Six and a half years later, she was asked to explain 
the circumstances surrounding her involuntary move.  

In Feb 13, she received a letter terminating her from the 
"Enlisted with Bonus for 6 Years Incentive Program" and 
that recoupment of the incentive funds were due in the amount 
of $13, 958.33.  She disputed the amount and submitted a 
waiver request through the Air Force Financial Services Center 
(AFFSC); however, she was advised that since she did not incur 
the debt while on active duty she would have to submit her 
waiver request through the Defense Finance and Accounting 
Service (DFAS).  She has subsequently submitted a waiver 
request to DFAS; however, her request was denied.  

Her debt has now reached over $17,000.00.  

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


STATEMENT OF FACTS:

On 11 May 06, the applicant reenlisted in the Montana Air 
National Guard (MT ANG) for a period of six years.

The applicant was assigned to a reenlistment bonus Duty Air 
Force Specialty Code (DAFSC), Position Number 0823049.  

According to information provided by the applicant, an 
AF Form 2096, Classification/On-the-Job Training Action, dated 
12 Sep 06, reflects the applicant was moved to a DAFSC under 
Position Number 01708891.  

On 11 May 12, the applicant reenlisted for a period of one 
year in the grade of technical Sergeant (TSgt/E-6).  

On 9 May 13, the applicant was relieved of her assignment 
with the MT ANG and placed on the USAF Reserve Retired List. 
She was credited with 22 years, 8 months and 4 days of active 
service for retirement.  


AIR FORCE EVALUATION:

NGB/A1Y did provide a recommendation indicating that they do 
not have the authority to waive the recoupment of the 
enlistment bonus.  A1Y notes that conditions of the incentive 
contract were not met and conditions to waive recoupment did 
not apply.  Additionally, A1Y has made attempts to contact 
previous unit leadership from the applicant’s former unit; 
however, unfortunately, no evidence has been presented to show 
that she was involuntarily directed to transfer into another 
military specialty.  

The complete A1Y evaluation, with attachments, is at Exhibit C.  


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 29 Dec 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, while the applicant asserts that 
she was involuntarily reassigned out of her bonus AFSC position, 
she has not provided sufficient evidence which, in our opinion, 
successfully refutes the assessment of her case by the National 
Guard Bureau office of primary responsibility.  Based on our own 
independent review, we did not find the evidence conclusive that 
the applicant was involuntarily reassigned.  Therefore, we 
conclude the applicant has failed to sustain her burden of proof 
of either an error or an injustice.  Should the applicant 
provide additional new and relevant information to substantiate 
her claim, we may be inclined to reconsider her appeal.  In 
addition, we note that while this Board is the highest 
administrative level of appeal within the Air Force, based on 
the evidence provided, DFAS had recommended the applicant file 
an appeal of their decision with the Defense Office of Hearings 
and Appeals (DOHA); however, we did not find any evidence the 
applicant filed an appeal with DOHA.  In view of the above and 
in the absence of evidence to the contrary, we find no basis to 
recommend granting the requested relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-03476 in Executive Sessions on 4 and 29 Jun 15 
under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 Aug 14, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, NGB/A1Y, undated, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 29 Dec 14.










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