RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02514
		INDEX CODE:  112.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive the remaining payment of his reenlistment bonus.

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APPLICANT CONTENDS THAT:

He was involuntarily displaced by the Reserve and required to relocate to another base to continue his career.

In support of the application, the applicant submits letters from 452 AES/CC, 349 MSS/DPMS, his assignment information, and duty history.

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

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant’s pay date is 6 Dec 89.  He is currently serving in the grade of master sergeant, effective and with a date of rank of 1 Mar 03, and his duty AFSC is 4A171, Medical Material Craftsman.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits B & F.

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AIR FORCE EVALUATION:

HQ AFRC/A1BR recommends approval.  A1BR states the documentation reflects that the applicant's bonus was terminated due to his transfer from March ARB, CA to Travis AFB, CA.  A1BR notes the applicant transferred due to programmatic changes in the unit's manning and the gaining Military Personnel Flight (MPF) did not cancel his bonus until after they had processed the fifth of six payments.

The complete A1BR evaluation is at Exhibit B.

HQ AFRC/JA recommends denial.  JA states the guiding principle is that Reservists who receive a reenlistment bonus relinquish their right to the bonus if voluntarily leaving the position for which the bonus was given.  Such a rule deters "bait and switch" tactics potentially used by a Reservist.  A major exception to this rule is when the Government causes the move from a position authorized a bonus a non-bonus position.  

JA notes although the applicant's position was downgraded from E-7 to E-5, his commander kept him as an overgrade in the downgraded position – he was not forced from his position.  In addition, there were other E-7 bonus positions available to him at March ARB.  JA opines the applicant could have avoided the entire issue had he complied with the terms of his contract.  JA concludes there is no authority for continuing reenlistment bonus payments after a reservist voluntarily leaves his bonus-related position.

The complete JA evaluation, with attachments, is at Exhibit F. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, he contends he fulfilled his obligation and met all his requirements under the contract.  The Aeromedical Evacuation Manning Document was modified and caused his contract not to be fulfilled.  

He never resigned, signed anything, or gave cause to be separated from the Air Force.  He was placed in an overage slot that limited his chance for promotion.  His Commander, Wing Career Advisor and other units were unable to place him in another position and clear guidelines were never established.  Members affected by force reduction may continue in the bonus program.  AFI 36-2638 clearly applies to his situation as he was never reassigned, retrained, nor were any master sergeant positions available in his career field.  

The Air Force Reserve Command caused the move when positions were removed from the manning document.  AF IMT 4021 states,"…voluntarily moved out of the bonus AFSC, unless expressly directed, or transferred to a non-bonus locale.  His commander clearly directed in her 22 Jan 08 electronic message, "…it was in everyone's best interest to find another assignment…"

The applicant's complete submission is at Exhibit H.

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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 an injustice warranting relief.  The Board majority agreed with the opinion and recommendation of HQ AFRC/A1BR and believes that a reasonable expectation of receiving the bonus payments was created due to the failure of the new gaining unit to timely cancel the applicant's bonus payments.  Additionally, reasonable doubt has been created as to whether the applicant believed he had to transfer to continue his career.  We elect to resolve any doubt in the applicant's favor.  Therefore, we recommend the applicant's record be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his entitlement to Reenlistment Bonus number 015554 was not terminated on 13 September 2006, but rather, his eligibility to Reenlistment Bonus number 015554 was continued by competent authority until 1 October 2007.

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The following members of the Board considered this application in Executive Session on 20 March 2008, under the provisions of AFI 36‑2603:

By a majority vote, the members voted to grant the request.  XXXXXXXXXX, voted to deny the applicant's request and did not desire to submit a minority report.  

The following documentary evidence was considered in AFBCMR BC-2007-02514:

     Exhibit A.  DD Form 149, dated 12 Jul 07, w/atchs.
     Exhibit B.  Letter, HQ AFRC/A1BR, dated 30 Aug 07.
     Exhibit C.  Letter, SAF/MRBR, dated 21 Sep 07.
     Exhibit D.  Letter, AFRBA Legal Advisor, dated 19 Dec 07.
     Exhibit E.  Letter, AFBCMR, dated 28 Dec 07.
     Exhibit F.  Letter, HQ AFRC/JA, dated 28 Jan 08, w/atchs.
     Exhibit G.  Letter, AFBCMR, dated 13 Feb 08.
     Exhibit H.  Letter, Applicant, dated 3 Mar 08, w/atch.