Stuck in a hold
Junior Member
What is the name of your state (only U.S. law)? Assigned - Virginia, Home of Record - California
I need some advice. I could go on for hours about everything that has led up to this point, but I will try to be brief as possible leading to my most recent. pressing issue.
I am a 10+ year Active duty Air Force member who has been on and off, for over 3 years, of a medical hold situation to continue doing my job. There have been many times that I was told I would be undergoing a Medical Evaluation Board, with it always falling through in the end and a continuation on medical hold. Part of the process was trying to remain on flight status because I am in an airborne career field.
In February I was cleared fit for duty and still not disqualified from flight status (as far as I am aware of). February was also my End of Service. I decided to reenlist because I wanted to continue serving. Not long after I reenlisted, somebody at the top caught wind and was tired of my holdover situation and pushed for me to get reclassified. I tried to fight it but ultimately my arm was twisted and I agreed to retrain into another critical career field. I went through the retraining process of filing the paperwork and submitting jobs that I was interested in that were on the availability list. In order to do this I had to be reclassified into a 9A000 AFSC, "Airman Awaiting Retraining, Disqualified for Reasons Beyond Control". Part of the retraining process is to get medical clearance for retraining. That led to yet another medical hold (AAC 37). This resulted in a new reclassification into the AFSC 9A500. The only thing I can find as to what that AFSC is was hard to come by. Even AFPC couldn't give me a solid response. "9A500 - Enlisted Airman Temporarily Ineligible For Retraining, Disqualified for Reasons Beyond Control".
The problem I am now facing (besides the fact that I still am waiting with an AAC 37 and no MEB has been started) is that my career field I reenlisted into had a reenlistment bonus. I was paid $45,000 up front minus taxes of around $12,000. My LES today shows that I have a $45,000 debt and they are starting to withdraw it in monthly installments. I was never contacted or notified in anyway regarding this debt and the fact that my bonus would be taken. I know that if I was to reenlist into another career field with a bonus I would be entitled to the portion that I would have received in that field, according to AFPC.
The other thing I have found is DoD Instruction 1304.29, Section E1.5 "REPAYMENT OF BONUS FOR FAILURE TO COMPLETE SERVICE OBLIGATION OR FAILURE TO RETAIN TECHNICAL QUALIFICATION" items E1.5.3.2 and E1.5.3.3. state "E1.5.3. Conditions or Circumstances. Under the following conditions or circumstances, repayment of an unearned portion of a bonus shall not be required, or repayment shall be waived if waiver is statutorily authorized:"; "E1.5.3.2 Injury or illness of the Service member was not the result of the Service member�s misconduct"; and "E1.5.3.3. Service-directed employment in another military specialty; for continental United States and overseas rotation, sea and shore rotation; other mission-essential requirements; or drawdown or elimination of the specialty".
I feel that due to all of this I should still be eligible for my bonus, at least for the time being. It puts a financial hardship on my family and myself to require this debt (not even mentioning that I was only paid $33,000 and they are taking $45,000). If they would stop putting me in a hold I would be able to continue my career, even in a new career field. It feels as if I am being punished for a medical situation that is entirely out of my control. I have tried and tried to move on past this with no luck. MY unit staff is very limited because I was only out here for training and I do not have a First Sergeant or Chief, I have one MSgt and a civilian staff above him, topped off by an Army Major who has been unable to help me with anything so far.
I'm just searching for where to go and what to do/say to resolve this situation. Do I have any legal standing in the situation? Should I seek out a lawyer? The 3+ years is wearing on my family and I and this latest addition is just one more weight.
Thank you for any help.
Acronyms in case anyone needs them
MEB - Medical Evaluation Board
AFSC - Air Force Speciality Code
AAC - Assignment Availability Code
AFPC - Air Force Personnel Center
I need some advice. I could go on for hours about everything that has led up to this point, but I will try to be brief as possible leading to my most recent. pressing issue.
I am a 10+ year Active duty Air Force member who has been on and off, for over 3 years, of a medical hold situation to continue doing my job. There have been many times that I was told I would be undergoing a Medical Evaluation Board, with it always falling through in the end and a continuation on medical hold. Part of the process was trying to remain on flight status because I am in an airborne career field.
In February I was cleared fit for duty and still not disqualified from flight status (as far as I am aware of). February was also my End of Service. I decided to reenlist because I wanted to continue serving. Not long after I reenlisted, somebody at the top caught wind and was tired of my holdover situation and pushed for me to get reclassified. I tried to fight it but ultimately my arm was twisted and I agreed to retrain into another critical career field. I went through the retraining process of filing the paperwork and submitting jobs that I was interested in that were on the availability list. In order to do this I had to be reclassified into a 9A000 AFSC, "Airman Awaiting Retraining, Disqualified for Reasons Beyond Control". Part of the retraining process is to get medical clearance for retraining. That led to yet another medical hold (AAC 37). This resulted in a new reclassification into the AFSC 9A500. The only thing I can find as to what that AFSC is was hard to come by. Even AFPC couldn't give me a solid response. "9A500 - Enlisted Airman Temporarily Ineligible For Retraining, Disqualified for Reasons Beyond Control".
The problem I am now facing (besides the fact that I still am waiting with an AAC 37 and no MEB has been started) is that my career field I reenlisted into had a reenlistment bonus. I was paid $45,000 up front minus taxes of around $12,000. My LES today shows that I have a $45,000 debt and they are starting to withdraw it in monthly installments. I was never contacted or notified in anyway regarding this debt and the fact that my bonus would be taken. I know that if I was to reenlist into another career field with a bonus I would be entitled to the portion that I would have received in that field, according to AFPC.
The other thing I have found is DoD Instruction 1304.29, Section E1.5 "REPAYMENT OF BONUS FOR FAILURE TO COMPLETE SERVICE OBLIGATION OR FAILURE TO RETAIN TECHNICAL QUALIFICATION" items E1.5.3.2 and E1.5.3.3. state "E1.5.3. Conditions or Circumstances. Under the following conditions or circumstances, repayment of an unearned portion of a bonus shall not be required, or repayment shall be waived if waiver is statutorily authorized:"; "E1.5.3.2 Injury or illness of the Service member was not the result of the Service member�s misconduct"; and "E1.5.3.3. Service-directed employment in another military specialty; for continental United States and overseas rotation, sea and shore rotation; other mission-essential requirements; or drawdown or elimination of the specialty".
I feel that due to all of this I should still be eligible for my bonus, at least for the time being. It puts a financial hardship on my family and myself to require this debt (not even mentioning that I was only paid $33,000 and they are taking $45,000). If they would stop putting me in a hold I would be able to continue my career, even in a new career field. It feels as if I am being punished for a medical situation that is entirely out of my control. I have tried and tried to move on past this with no luck. MY unit staff is very limited because I was only out here for training and I do not have a First Sergeant or Chief, I have one MSgt and a civilian staff above him, topped off by an Army Major who has been unable to help me with anything so far.
I'm just searching for where to go and what to do/say to resolve this situation. Do I have any legal standing in the situation? Should I seek out a lawyer? The 3+ years is wearing on my family and I and this latest addition is just one more weight.
Thank you for any help.
Acronyms in case anyone needs them
MEB - Medical Evaluation Board
AFSC - Air Force Speciality Code
AAC - Assignment Availability Code
AFPC - Air Force Personnel Center