RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00465 INDEX CODE: 128.05 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He not be required to repay the Selective Reenlistment Bonus (SRB) he signed for with his last reenlistment. ________________________________________________________________ APPLICANT CONTENDS THAT: He reenlisted prior to being accepted for special duty and will return to the SRP skill before his current reenlistment is completed. In support of his appeal, the applicant provides copies of his Military Training Instructor (MTI) Duty Application, extracts from a continuity book, AF IMT 901, Reenlistment Eligibility Annex to DD Form 4, and DD Form 4/1, 4/2, Enlistment/Reenlistment Document Armed Forces of the United States. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the Regular Air Force in the grade of staff sergeant (SSgt – E-5). He reenlisted on 1 Apr 09, for five years and five months, with entitlement to a Zone “A” Multiple of 1.0 SRB, in the 3P051 security forces career field. On 15 Apr 09, he volunteered for special duty as a military training instructor. His application was approved and on 30 Jul 2009 he was reassigned as an MTI. 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. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA indicates there was an initial mistake made by not terminating and recouping the SRB when he was approved for special duty. However, they find no evidence that supports the applicant receiving an SRB he is not entitled to, when many other Air Force members will not receive the SRB, even though the same circumstances apply to them with the exception of the initial mistake. DPSOA states the applicant submitted a copy of an old continuity book that states he would get to keep the bonus as long as he reenlisted prior to being accepted for special duty. This statement was removed from the continuity Book on 17 Jun 09, as it is not correct. Additionally, the continuity book states to use the continuity book in addition to AFI 36-2606, Reenlistment in the Air Force, and policies/messages announcements. It does not replace the AFI, but was designed to assist in the performance of those duties. Clearly the official guidance which is dated and been in effect since 21 Nov 01, states airman must complete the full term of their enlistment or extension and to terminate the bonus if the member voluntarily remove themselves from the skill. DPSOA indicates that 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. His military personnel office was instructed to a reaccomplish his reenlistment documents without entitlement to an SRB, and to counsel the applicant on the recommendation to establish a prepayment plan with the Defense Finance and Accounting Service (DFAS) to prevent withholding at the high rate. The complete AFPC/DPSOA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 May 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 recommends the applicants records be corrected to show he was entitled to an SRB for twelve months he is projected to serve 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 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 twelve (12) months in conjunction with his 1 April 2009 reenlistment. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-00465 in Executive Session on 5 Oct 10, under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 1 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 15 Apr 10. Exhibit D. Letter, SAF/MRBR, dated 21 May 10.