RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2018-01939

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

He be allowed to keep the bonus payment he received on 25 Jan 17, the debt created by that payment be removed from his records, and any recouped funds be returned to him.

APPLICANT CONTENDS THAT:

He enlisted on 24 Jan 14 with an enlistment bonus and received the first installment on 15 Dec 15, and the last/final installment on 25 Jan 17.  Due to miscounseling, he was not provided an opportunity to choose to accept his final bonus payment or the temporary technician employment.  Later errors in the administrative processing of the bonus created a $10,000 debt.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a currently serving Air National Guard Senior Airman.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1Y recommends granting the application.  The applicant was miscounseled and multiple errors in the incentive program administrative process created the debt.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 17 Sep 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of NGB/A1Y and finds a preponderance of the evidence substantiates the applicant’s contentions.  Miscounseling prevented the applicant from making an informed decision regarding his final incentive payment.  Additionally, the debt was created by subsequent errors in the administrative process that should have terminated the incentive payment.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show competent authority directed that he was not required to reimburse the government for his enlistment bonus, and directed correction to cancel the debt for his enlistment bonus, void the recoupment action, and return any portion of those funds that have already been recouped.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-01939 in Executive Session on 23 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 May 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1Y, dated 13 Sep 17 (sic).
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, regarding Docket Number BC-2018-01939.