RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04228

XXXX XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be paid the remainder of his unpaid Selective Reenlistment Bonus (SRB).

APPLICANT’S CONTENTIONS

At the time of his retirement, he was not paid the remainder of his SRB because there was not a Separation Program Designator (SPD) code available to show that his retirement was due to being medically disabled that was incurred in the line of duty in a combat zone.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired permanently disabled Regular Air Force technical sergeant (E-6).

DD Form 827, Application for Arrears in Pay, provided by the applicant, reflects he reenlisted for 6 years under SRB Zone B, Multiple 5 with a Air Force Specialty Code (AFSC) of 1A851.  He was medically retired on 28 May 15 due to an injury that was incurred in a combat zone in the line of duty.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DPFDD recommends granting the application.  At the time of the applicant’s separation, there was no SPD code that could be used on his retirement order to authorize such payment although the payment was authorized.

In accordance with DoD 7000.14-R, Financial Management Regulation, Volume 7A, May 2018, Chapter 2, Paragraph 020303, Subparagraph B, states “Repayment will not be sought, and any remaining upaid portion of a pay or benefit due to a member under a written agreement will be paid at the time of separation or retirement for a disability incurred in the line of duty in a combat zone designated by the President of the United States or the Secretary of Defense, or in a combat-related operation designated by the Secretary of Defense, and/or for a combat-related disability.  In such case, any remaining unpaid portion of a pay or benefit due to a member will be paid to the member upon separation from service.” 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the Air Force evaluation to the applicant on 27 Sep 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he is entitled to any remaining unpaid portion of his Zone B, Multiple 5, Selective Reenlistment Bonus (SRB) executed on 23 February 2013.  

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-2019-04228 in Executive Session on 30 Jun 20:

XXXX XXXXX, Panel Chair 
XXXX XXXXX, Panel Member
XXXX XXXXX, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 27 Sep 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 27 Sep 19.

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.