RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04119

XXXXXXXXXXXXXXXXX	COUNSEL: NONE
	 
  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be paid his recouped aviation retention bonus (ARP).  

APPLICANT’S CONTENTIONS

Prior to his retirement, he applied for a waiver to the recoupment due to reasons beyond his control.   He was informed his waiver was approved.  Upon retirement, a portion of his ARP was recouped.  

Due to sequestration in 2014, ARP funding was shutdown.  After waiting three months, it was reinstated.  At this time, he accepted the ARP and noticed the obligation would put him past 20 years of service by two months.  He was advised he would be able to extend through his active duty service commitment (ADSC) date of 1 Jul 19. Since his 20-year retirement would conflict with his ADSC, he was advised he would have to pay back the difference unless he submitted a waiver.  He understood the retirement with a waiver was approved.  He had never seen a document with partial approval.  His retirement request should have been disapproved if the waiver part was not approved.  He has not received his retirement pay due to it being audited and he is living off credit cards.  He was misinformed on the process and there were multiple failures in the system.  Had he been informed his waiver was disapproved, he would have budgeted accordingly.  

He gave the Air Force over three months while he waited for his ARP to be reinstated.  He could have pursued a career in the civilian sector but chose to stay on while awaiting the bonus.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force major (O-4).

On 21 Aug 14, the applicant signed an ARP Agreement for 5 years, ADSC through 1 Jul 19, with an annual value of $25,000.   Paragraph 5 states the ARP entitlement would stop and the unearned portion would be considered a debt.  The ARP would be recouped on a pro rata basis should he apply for voluntary retirement or separation prior to completion of the ADSC for ARP.
On 23 May 17, the applicant was informed he was not selected for promotion to the grade of lieutenant colonel by the CY17A Lieutenant Colonel Central Selection Board.  However, he was selected for continuation to remain on active duty until he reached 23 years of active commissioned service.  On 7 Jun 17, the applicant declined selective continuation.  

On 29 May 18, the applicant was provided a response in MyPers that stated if recoupment of his bonus was required, it would be for the unearned portion.  He would receive his bonus on 2 Jul 18 and be paid through 1 Jul 19.  With a date of separation (DOS) of 30 Apr 19, the unearned portion of recoupment was estimated as $4,166; however, the Defense and Finance Accounting Service (DFAS) would calculate the actual amount of recoupment (Exhibit C).  

On 4 Jun 18, the applicant applied for retirement effective 1 May 19.   

He retired 1 May 19 in the grade of major, with a narrative reason for separation of “Maximum Service or Time in Grade.” For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denial.  AFPC Transitions Section affixed a separation program designation (SPD) code of RBC (Voluntary Retirement: Maximum Service or Time in Grade), which requires recoupment of unearned ARP monies.  Further, the applicant’s ARP Agreement, states, “I realize my ARP entitlement will stop immediately in the event I retire or separate for any reason authorized under any provision of law.”  The complete advisory opinion, with attachments, is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 1 May 20 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Based on the evidence, it appears the applicant was properly made aware of the pro-rata basis recoupment of his ARP as agreed upon in his ARP agreement signed on 21 Aug 14.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04119 in Executive Session on 12 and 15 May 20:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Jun 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  MyPers Notification, dated 29 May 18.  
Exhibit D:	Advisory opinion, AFPC/DP2SSM, dated 1 May 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 1 May 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.