ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-03536-2

	COUNSEL:  

	HEARING: YES

APPLICANT REQUESTS THAT:

The applicant requests that the Board reconsider his request to have his Separation Program Designator (SPD) code on his DD Form 214, Certificate of Release or Discharge from Active Duty, changed to SCC (Mandatory Retirement Reduction in Force) rather than RBC (Voluntary Retirement:  Maximum Service or Time in Grade).  He further requests the recoupment of his Pilot’s bonus be stopped and reimbursement for monies previously recouped.

RESUME OF THE CASE:

On 14 May 15, the Board considered and denied a request from the applicant, finding that he had provided insufficient evidence of an error or injustice to justify relief.  For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit F.

In his current request for reconsideration, the applicant, via counsel, again contends his DD Form 214 inaccurately reflects he voluntarily retired.  On 9 Dec 13, he was selected for early mandatory retirement – reduction in force.  He completed all the necessary paperwork and believes his retirement was erroneously processed by the AFSOC Military Personnel Flight (MPF) as voluntary.  As a result, of having an inaccurate SPD code on his DD 214 resulted in his Pilot’s bonus being recouped, which has created an undue financial hardship.

The applicant’s complete submission is at Exhibit G.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  The applicant has not provided any new documentation showing an injustice or an error occurred.  He signed the guidance provided, which explained that recoupment of bonuses would not be waived for voluntary retirement.

On 22 Jan 14, the applicant was notified of his selection for early retirement, which he signed on that same date.  The notification included an Early Retirement Fact Sheet, which contained the following statements:

If you apply for a voluntary retirement to be effective on or before your mandatory retirement date, the retirement will be coded with a Separation Program Designator (SPD) of RBC – “Voluntary Retirement: Maximum Service or Time in Grade.” Recoupment of unearned portions of bonuses, special pays, and educational costs are NOT waived [sic] using code RBC.

If you do not request voluntary retirement, it will be coded with a SPD of SCC - “Mandatory Retirement: Reduction in Force - Mandatory Retirement for Force Reduction.” All recoupment of unearned portions of bonuses, special pays, educational costs and transferred Post-9/11 GI Bill benefits to family members are waived using code SCC. The SPD will appear on your DD Form 214, Certificate of Release or Discharge from Active Duty.

On 24 Jan 14, the applicant applied for voluntary retirement via the virtual Military Personnel Flight.  His retirement was approved on 18 Feb 16, and since he applied for voluntary retirement he received the SPD code RBC (Voluntary Retirement:  Maximum Service or Time in Grade) which required recoupment of his bonus.

The complete advisory is at Exhibit H.

AFPC/DP2S recommends denial.  On 3 Mar 01, the applicant entered into an ARP Agreement (then called Aviator Continuation Pay – ACP) at $25,000 a year with 40% up-front and an Active Duty Service Commitment (ADSC) extending until 9 Mar 17.  The Agreement included the following statements: 

I realize my ACP entitlement will stop immediately in the event I retire or separate for any reason authorized under any provision of law.

I understand that in the event of any of the following actions, my ACP entitlement will stop and the unearned portion of ACP paid me is considered a debt to the United States Government and will be recouped on a pro-rata basis.  Furthermore, the debt by law may not be discharged in bankruptcy, except as provided by Title 37 U.S.C. Section 301b(g)(3), and the unearned ACP may be recouped as a result of voluntary retirement or separation prior to completion of the ACP ADSC.

On 30 Jun 14, the applicant was separated and retired effective 1 Jul 14, and based on the SPD code he received he is required to repay the unearned portions of his ACP/ARP bonus, to include any residuals of the monies he received up-front.

The complete advisory is at Exhibit I.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Jul 18 for comment (Exhibit J), but has received no response.

THE BOARD CONCLUDES THAT:

1.  After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice and therefore finds no basis to recommend granting the requested relief.  Therefore, the Board recommends against correcting the applicant’s records.

2.  The applicant has not shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

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-2014-03536-2 in Executive Session on 18 Oct 18:

, Vice Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03536-2 was considered:

Exhibit F:	Record of Proceedings, w/ Exhibits A-E, dated 14 May `15.
Exhibit G:	Application, DD Form 149, w/atchs, dated 7 Dec 15.
Exhibit H:	Advisory opinion, AFPC/DP2STM, dated 9 Dec 16.
Exhibit I:	Advisory opinion, AFPC/DP2S, w/atchs, dated 12 Jan 17.
Exhibit J	Notification of Advisory, SAF/MRBC to applicant, dated 11 Jul 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.