Getting medically retired and had an SRB

3

3EM

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Registered Member
I will be medically retired from the AF soon, I don't have orders yet. I am 100% for DoD and VA and Permanent. I did have an SRB that was paid out fully but I have not completed my enlistment. I still have 3 years. DoD regulations says the following;
"In instances involving a member’s separation for medical reasons, which
were not the result of the member’s misconduct, the Secretary of the Military Department
concerned has the discretion to determine whether to require repayment of the unearned portion of
pay or benefit, or to pay an unpaid balance of a pay or benefit.".
How or when do I know if I need to pay the SRB? Will I know once I get my orders or will I know when I am out processing from finance or MPF? Any assistance will be greatly appreciated.
 
Hello,

You are correct.

Repayment shall not be sought and any remaining unpaid portion of a pay or benefit due to a member under a written agreement shall be paid at the time of separation or retirement for a disability described under Chapter 61 of title 10, U.S.C., that was incurred in the line of duty in a combat zone designated by the President or the Secretary of Defense or in a combat-related operation designated by the Secretary of Defense, and/or for a combat-related disability, as defined under section 1413a(e) of title 10, U.S.C.. Repayment will be sought and any unpaid balances may not be paid to members who incur a disability as a result of their misconduct. (See 10 U.S.C. §1207.) In all other instances involving a member's separation for medical reasons not falling under Chapter 61 or section 1413a(e), which were not the result of the member's misconduct, the Secretary concerned has the discretion to determine whether to require repayment of the unearned portion of the pay or benefit, or to pay an unpaid balance of a pay or benefit.

The Secretary [ e.g., USAF] concerned may, through regulation, delegate the authority to make repayment determinations consistent with the criteria set forth above, but not below the O-6 or equivalent level. If delegated, the Military Departments shall specify the level and scope of the authorized delegation in implementing regulations.

Recoupment General Rules <---LINK

Ron
 
Hello,

Recommend you visit the myPers website at https://mypers. That seems the quickest way to obtain an answer to your question.


Good luck,
Ron
 
This Air Force Regulation is related:
AFI36-2606 20 SEPTEMBER 2019 <----LINK

4.12. Termination/Recoupment/Repayment of SRB. SRB termination also requires recoupment of the percentage representing the unserved part of the additional obligated service. Commander/civilian directors cannot authorize termination without recoupment. Airmen must remain technically qualified for effective performance in the SRB skill and complete the full TOE or extension of enlistment in the SRB skill. (T-1). Failure to do so may result in termination and recoupment. SRB termination/recoupment/repayment is processed as outlined in DoD 7000.14- R, Volume 7A, Chapter 2. Recoupment determinations will be made on a case-by-case basis consistent with the criteria set forth in DoD 7000.14-R, Volume 7A, Chapter 2 for Airmen paid a bonus under this instruction.

---------------------

You might want to discuss this with JAG or the personnel command.

Ron
 
Thank you RonG for your assistance. From what I am interpreting is that I need to repay any unearned bonus when separating/retiring. But if it's for medical separation due to injury or illness then repayment will not be sought out. Unless the secretary of USAF says otherwise. But I will seek the assistance of JAG to clarify the verbiage. Thank you again.
 
3EM said:
Thank you RonG for your assistance. From what I am interpreting is that I need to repay any unearned bonus when separating/retiring. But if it's for medical separation due to injury or illness then repayment will not be sought out. Unless the secretary of USAF says otherwise. But I will seek the assistance of JAG to clarify the verbiage. Thank you again.
Click to expand...
Hello,

@3EM

Ref: DoD 7000.14-R Financial Management Regulation Volume 7A, Chapter 2 * May 2018

CHAPTER 2: “REPAYMENT OF UNEARNED PORTION OF BONUSES AND OTHER BENEFITS”

*020202. Use of Separation Designator Codes (SPD) in Effecting the Repayment of Unearned Portion of Bonuses and Other Benefits SPD codes are used to track and analyze the reasons that Service members separate from military service and to assist in the review, development, and monitoring of separation policies and programs. Additionally, SPD codes are used to ensure standardized pay actions are consistent with separation policies. While automated processes are critical, it is also important to recognize and allow Secretaries of the Military Departments to exercise their delegated authority to change pay actions on a case-by-case basis .

020303. Conditions Under Which Repayment Will Not Be Sought As a general rule, repayment action may not be pursued in situations in which the member’s inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member’s control. Payment of any unpaid portion of pay or benefit will be subject to the rules in Table 2-1, which in appropriate circumstances provide discretion to the Secretary of the Military Department concerned to pay unearned portions based on case-by-case determinations.

Partial of Table 2-1:

2 Incurs an injury or illness, through no misconduct of the member, that precludes the member from fulfilling the service conditions specified in the written agreement
and
the member is separated or retired for disability under 10 U.S.C., Chapter 61.
then
then repayment of the unearned portion of the pay or benefit will not be sought.

See Table 2-1 for the rest.

LINK to reference <----

--------------------

Ron
 
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You are welcome. Please return and report how this works out for you.

Regards,
Ron
 
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