RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00452 INDEX CODE: 128.05 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: Recoupment of his initial payment of the Selective Reenlistment Bonus (SRB) be stopped. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He reenlisted in an SRB Air Force Specialty Code (AFSC) and received his initial payment of the SRB in Mar 09, but was unaware of his selection for duty as a Military Training Instructor (MTI) until the summer of 2009. He inquired on several occasions, while going through the reenlistment process, since he was planning to apply for MTI duty, as to whether or not he would still be able to receive the bonus, and on numerous occasions, the reply was simply, “yes.” The local military personnel flight’s (MPF’s) answer was based on information in the continuity book. Since being assigned as an MTI, the MPF at Lackland AFB advised him that the continuity book had been recently changed; however, he believes someone was trying to cover up something. He did not try to deceive the Air Force and if the SRB has to be paid he will gladly give it back as long as he can continue to serve as an MTI. In support of his appeal, the applicant provides a personal statement; a letter of support from his former supervisor, and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: In Feb 09, the applicant applied for Special Duty as an MTI. He reenlisted in his SRB AFSC on 5 Mar 09 for a period of 4 years and 19 months and was paid a Zone B, Multiple 2, SRB in the 2W051 – Munitions Systems career field. The applicant was approved and given a special duty assignment as an MTI with reporting on 15 Sep 09. In Jun 09, the Air Staff initiated an audit of SRB recipients and the applicant was identified as being ineligible for the SRB, because he was not completing duties in the SRB career field. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOA recommends denial, stating, in part, that although an initial mistake was made, by not recouping the SRB immediately upon the applicant being approved for special duty, we find no evidence that supports him receiving an SRB he is not entitled to. In accordance with (IAW) AFI 36-2606, Reenlistment in the USAF, para 2.17., an airmen must complete the full term of enlistment or extension of enlistment in the SRB skill; failure to do so may result in termination and recoupment. The purpose of the SRB program is to help sustain the career force in those critical skills with insufficient reenlistment through entitlement to a monetary incentive. The applicant submitted a copy of what appears to be a page out of an old AFPC continuity book that states he would get to keep the bonus as long as he reenlisted prior to being accepted for special duty (sic). However, the AFPC continuity book front cover and page provided has the following statement at the top, “AFI 36-2606 is valid policy and this continuity book is designed to assist the FSS in the performance of those functions. It does not replace the AFI, but was designed to assist in the performance of those duties.” This statement was removed from the AFPC continuity book on 17 Jun 09 as it is not correct. The official guidance (AFI 36-2606) which is dated and has been in effect since 21 Nov 01, states, airmen must complete the full term of enlistment or extension. The complete AFPC/DPSOA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Apr 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 partial relief. In this respect, the applicant contends he was miscounseled into believing he was authorized a SRB. While the Air Force office of primary responsibility (OPR) finds no error or injustice that would entitle him to the SRB, we disagree in part. The OPR acknowledges that a mistake was made leading to the payment and recoupment of the unauthorized SRB. We believe the applicant made his decision to reenlist with the intent of receiving the bonus in good faith based upon the guidance he received. Accordingly, it is our opinion the applicant has established reasonable doubt as to whether or not he was properly counseled, and it is our belief that any doubt in this matter should be resolved in his favor. While the Board Majority recommends the applicants records be corrected to show he was entitled to an SRB for the months he served in the qualifying AFSC, this may not constitute the sum of the total relief he seeks; however, we believe correcting the records in this manner provides the applicant full and fitting relief. In view of the above, the Board Majority recommends his records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was authorized, by competent authority, as an exception to policy, to receive a Selective Reenlistment Bonus (SRB) for the time he served in the 2W051 Air Force specialty in conjunction with his 5 March 2009 reenlistment. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00452 in Executive Session on 23 September 2010, under the provisions of AFI 36-2603: By a majority vote, the Board voted to grant the applicant’s request. XXX voted that no recoupment action should be made for the portion of the SRB already paid to the applicant, but did not desire to submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 24 Mar 10. Exhibit D. Letter, SAF/MRBR, dated 16 Apr 10.