RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04716

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His debt of $29,114.19, resulting from miscalculation of overpayment for his bonus, be waived.

In the alternative, the debt be recalculated to reflect the bonus repayment amount of $20,000.

APPLICANT’S CONTENTIONS

Defense Finance and Accounting Service (DFAS) notified him of a $33,310.40 debt.  Of that debt, $4,194.21 is correct and is not in dispute.  However, $29,114.19 of the debt is from a bonus overpayment, which was calculated incorrectly.  According to the Fiscal Year 2015 (FY15) Air National Guard (ANG) Aviator Retention Pay (ARP) program, paragraph 4.5.2.2., re-computation of his ARP payments should have taken into account a pro-rated last year served amount of $10,000.  This would have resulted in a $20,000 recoupment instead of $30,000.  Furthermore, due to the hardship incurred from hurricane Michael, and the fact that he served the preponderance of his agreement (44 of 48 months) he requests full cancellation of the deb. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard lieutenant colonel (O-5).

On 2 Sep 15, he signed the FY15 Pilot-Aviator Retention Pay Agreement (Statement of Understanding).  In item two he acknowledged that he read and understood the FY15 ARP Policy and Proposal, and in item nine he acknowledged that if he became ineligible for ARP he may be subject to recoupment.

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

AIR FORCE EVALUATION

NGB/A1P, recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant’s indebtedness was within the agreement of the FY15 Aviation Bonus Policy.  He signed the agreement stating he understood the terms of the original contract.  Furthermore, he voluntarily terminated the contract knowing there were four months remaining before reaching the four-year point at which time there would not have been any recoupment.

The applicant began an Aviation Bonus Contract with effective dates 2 Sep 15 to 1 Sep 21.  He was payed three annual Tier 1 payments of $25,000 in FY16, 17 and 18, for a total of $75,000.  The applicant terminated his Aviation Bonus effective 1 May 19, having completed three years and eight months of a minimum four total years required.  ANG FY15 ARP Implementation Policy, paragraph 4.1.3.3., states, “Failure to serve four years under the agreement will result in re-computation of prior bonus payments to $15,000 per year and excess recouped in accordance with paragraph 4.5.”  Since the applicant did not complete the minimum of four years the previous three years were re-computed at the lower rate of $15,000 per year ($45,000 total for the three years served) thus creating a $30,000 debt.  The debt was entered into the Case Management System (CMS) and DFAS calculated $29,114.19 debt owed by the member.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 24 Jun 20 for comment (Exhibit D), 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 NGB/A1P and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant’s indebtedness was within the agreement of the FY15 Aviation Bonus Policy.  Therefore, the Board recommends against correcting the applicant’s records.

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

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-2019-04716 in Executive Session on 28 Jul 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 8 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1P, dated 19 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 24 Jun 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.