RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00470 INDEX NUMBER: 128.05 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be relieved of the obligation to repay the Selective Reenlistment Bonus (SRB). _________________________________________________________________ APPLICANT CONTENDS THAT: At the time he applied the Military Training Instructor (MTI) duty, the regulations, allowed members to receive their SRB if they reenlisted prior to applying for the SDI. He reenlisted on 27 September 2008 and applied for MTI duty in March 2009, upon completion of his application, there was no mention of forfeiture of the SRB. He will return to the Security Forces career field (3P0X1) in fiscal year 2010 and will perform the exact duties for which he received the SRB. In support of his appeal, the applicant provides copies of his MTI application, his AF IMT 901, Reenlistment Eligibility Annex to DD Form 4, DD Form 4/1, Enlistment Document Armed Forces of the United States; extract copies from continuity book and special duty assignment application. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty in the Air Force on 6 December 2002. The applicant reenlisted on 27 September 2008, for four years with entitlement to a Zone A, Multiple 1.0 bonus, based on four years of continued service. He had previously signed AF Form 901 on 24 September 2008, certifying in Section D that he understood and agreed to the conditions which might (1) terminate his continued entitlement to unpaid bonus installments and (2) cause a portion of advance bonus payments to be recouped or terminated. On 17 February 2009, the applicant applied for MTI. The applicant was approved for a Special Duty Assignment in May 2009. In June 2009, the Air Staff completed an audit of the SRB recipients and identified the applicant and many others as being ineligible for a SRB because he did not complete the duties in the SRB career field. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA states while there was an initial mistake made by not recouping the SRB immediately upon approval of the Special Duty, they find no evidence that supports the applicant receiving an SRB he is not entitled. While the applicant submits a copy of a regulation, which appears to be a page out of an old continuity book, the front cover would have stated AFI 36-2606, Reenlistment in the USAF, dated 21 November 2001, is the valid policy. AFI 36-2606 states 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. While the applicant states he is returning to the Security Forces career field, his records indicate he has had recent disciplinary issues that may require his removal from the Special Duty. Presently, there is no evidence or projection for him to return to the Security Forces career field in his records. The complete DPSOA evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 March 2010, for review and comment within 30 days. As of this date, this office has received no response. (Exhibit C) _________________________________________________________________ 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. 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 7 months he served in the 3P0X1 Air Force specialty in conjunction with his 27 September 2008 reenlistment. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00470 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. 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 3 Feb 10, w/atchs. Exhibit B. Letter, AFPC/DPSOA, dated 10 Mar 10. Exhibit C. Letter, SAF/MRBR, dated 24 Mar 10.