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 applicants 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 applicants 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 applicants 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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