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.