Remaining SRB

Allty

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#1
Jason maybe you have seen this before. I was told by my PSD that I would not be recieving an installment of my SRB this OCT since I have a PDRL retirement date of 29OCT10 since I will not be completing the rest of the year. So I decided to do some research and found in OPNAVINST 1610.8A section 18 C2 (Recoupment)reads:


The remaining SRB balance will be paid as a lump sum as
part of the settlement of the member's s final military pay
account for:​
(1)
Members who die while serving under an SRB contract
and not due to their own misconduct.

( 2 )​
Members who are separated, discharged, or
transferred to the Temporary Disability Retired List (TDRL) or
Permanent Disability Retired List (PDRL) as determined by a

Physical Evaluation Board.

Now to me this seems pretty black and white that I am not only entitled to the October istallment but the remaining balance of my bonus. I brought this to their attention and they said they would have to research it. Any thoughts?
 

carnelli53

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#2
As a "somewhat general" rule across all the services with members facing medical separation/retirement, bonuses are paid out as if the member completed their obligation (my personal case is an example of where not only a bonus was paid out, but a student loan repayment sum continued as well). I think you should be expecting to collect the remaining balance of your SRB, but I would still pursue the issue and ensure that you will be receiving it.
 

isaacgrecano

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#3
Allty,

I too am in the same situation as you. I will find myself not being able to finish my enlistment and will have to fight for the rest of my SRB. would you be able to send me a pdf copy of the instruction to [email protected]?

Thanks,

Isaac
 

Navysnipe

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#4
The Information is correct but the Opnav Code for us Navy guys is 1160.8A
Link to the PDF is : http://doni.daps.dla.mil/Directives/01000%20Military%20Personnel%20Support/01-100%20General%20Recruiting%20Records/1160.8A.pdf

Hope this helps, I made a few of my fellow Limdu shipmates happy finding this.




Jason maybe you have seen this before. I was told by my PSD that I would not be recieving an installment of my SRB this OCT since I have a PDRL retirement date of 29OCT10 since I will not be completing the rest of the year. So I decided to do some research and found in OPNAVINST 1610.8A section 18 C2 (Recoupment)reads:


The remaining SRB balance will be paid as a lump sum as
part of the settlement of the member's s final military pay
account for:

(1)
Members who die while serving under an SRB contract
and not due to their own misconduct.
( 2 )


Members who are separated, discharged, or
transferred to the Temporary Disability Retired List (TDRL) or
Permanent Disability Retired List (PDRL) as determined by a
Physical Evaluation Board.

Now to me this seems pretty black and white that I am not only entitled to the October istallment but the remaining balance of my bonus. I brought this to their attention and they said they would have to research it. Any thoughts?

 

lsauce

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#5
I found that this information useful....however, I am in the Air Force does the same apply with the Air Force?? If so can anyone point in the right direction when it comes to the AFI?
Thank you in advance for the help.
 

Jason Perry

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#6
AFI AFI36-2606:

2.17.2. SRB termination and recoupment is not appropriate when an airman:
Separates prior to completion of the term of enlistment for any reason other than those listed in the DoDPM.
Is not technically qualified in the SRB skill because of injury, illness, or other impairment that didn't result from misconduct; loses a security clearance or other mandatory qualification for reasons other than misconduct; or for failure to attain performance standards higher than those in effect at the time of the initial bonus payment.
Is reassigned to duty outside the SRB skill for service-directed reasons.
2.17.2.1. The MPF Chief (or designated representative) reviews the circumstances to ensure a termination and recoupment case is not required. (NOTE: Unit commander involvement is only required when the MPF Chief believes it's necessary.)
 

lsauce

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#7
Jason, thanks for the quick response.
Since I will not be able to complete my enlistment will I be entitled to the rest of my SRB like the Navy?
I am suppose to get another $8K total--$2 K for the next 4 yrs.
If you know a reference for this this would be greatly appreciated.
 

lsauce

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#8
Does anyone know if the Air Force has the same rules as the Navy...see below:
Can you please direct me to the AFI that states this....thank you
(This is Navy and what I read from this same posting)
The remaining SRB balance will be paid as a lump sum as
part of the settlement of the member's s final military pay
account for:

(1)

Members who die while serving under an SRB contract
and not due to their own misconduct.
( 2 )



Members who are separated, discharged, or
transferred to the Temporary Disability Retired List (TDRL) or
Permanent Disability Retired List (PDRL) as determined by a
Physical Evaluation Board.
 

7LVL

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#10
Does anyone know if the Air Force has the same rules as the Navy...see below:
Can you please direct me to the AFI that states this....thank you
(This is Navy and what I read from this same posting)
The remaining SRB balance will be paid as a lump sum as
part of the settlement of the member's s final military pay
account for:

(1)

Members who die while serving under an SRB contract
and not due to their own misconduct.
( 2 )



Members who are separated, discharged, or
transferred to the Temporary Disability Retired List (TDRL) or
Permanent Disability Retired List (PDRL) as determined by a
Physical Evaluation Board.
Did you ever find out if the AF follows the same rules?
 

jeffb

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#12
yup the tried to tell me the same thing . since your sep code will be SFK . even had a master chief tell me I wouldnt get it . he said the instructions were wrong . SO i decided not to argue with pers and hit the person who did my final pay and requested my SRB payment . ALL the instructions are on the SRB msg . WHich came out in APR. SRB Navadmin 081/14 released 10 April 2014 in this navadmin their are references to instructions .
DEPARTMENT OF DEFENSE INSTRUCTION 1304.31
OPNAVINST 1160.8A
DEPARTMENT OF DEFENSE
7000.14-R, VOLUME 7A, CHAPTER 2

I used these instructions . they put the request into dfas to have my funds released . So hopefully ill see them soon. Since it wasnt included in my final pay. Are instructions law ?
 

Jason Perry

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#13
Are instructions law ?
If properly promulgated, they are binding on the military department concerned. It can get a little "academic" as to whether they are "law." They are not "law" to the extent that they work against a member if they are improperly promulgated or conflict with higher authority.
 

jeffb

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#14
If properly promulgated, they are binding on the military department concerned. It can get a little "academic" as to whether they are "law." They are not "law" to the extent that they work against a member if they are improperly promulgated or conflict with higher authority.
The master Chief at pers who works in the SRB area says it does conflict. then why do the keep on releasing it in Navadmins and DoD instructions ?
 

scoutCC

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#15
Couple points. There is a slight difference between an EB and SRB, EBs is for initial enlistment contracts and SRBs for reenlistments. There is also a difference between recoupment and future payments. Discharge for injury/illness does not signal a recoupment. However, you have to be in the service when you receive an anniversary payment, so if there are two more bonus payments coming after your discharge, you won't be around to receive those.

Applicable laws: 37 US Code Section 308
http://www.law.cornell.edu/uscode/text/37/308

So, in the army we pay the SRB in one lump sum, so we never run into this problem with them, since recoupment is more clearly spelled out. Unpaid enlistment bonuses people just don't get, anniversary payments are not as clear. In reading the law, 37 US Code section 303a. http://www.law.cornell.edu/uscode/text/37/303a

para (3).(A).(ii) they are required to pay you the unpaid portion. I am positive this does not usually happen in the Army for EBs. Reading the finance reg it is obvious why, in para 020303.B it only says you get the remainder if it is for a combat injury. Then in the lower table it clarifies a bit, but still confusing IMO. The FMR is mainly focused on not taking the money they already gave.

I know in the Army there is a finance specific to transitions, the finance Soldiers have to clear finance with. Should be something similar for other services. I would go to them with 37 US Code section 303a and FMR 7a table 2-1, rule 2, and make sure they are including the anniversary payments in your final check.

I think Jason's answer is a bit confusing because of the wierdness it all entails. My non-lawyer, so less accurate description: Instructions and regulations are how a government agency inacts the law. Law says you can do SRB, and you can do it in one lump sum or in installments. The instructions and regs tell the services how they want that law to be inacted, who gets bonuses and when. They carry the same basic force as law, as long as they are accurately implementing the law and implementing higher instructions. So a service is legally required to follow their instructions and regs unless those instructions and regs are not themselves following the law, which it is generally assumed they are. So when a lawyer is trying to argue a case for a SM, they almost always say the service didn't follow the rules, or that the rules themselves are not in agreement with the law.
 

jeffb

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#16
OK they are saying now that I wont get it because my separation code is SFK which is given to all TDRL personal . Even though the instruction states TDRL in black and white . why would they need to change the code ? does anyone know what other info do they need ?
 

Nimikins

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#17
Jeffb, did you ever figure this out? I was placed on TDRL in 2013, but they are using the same argument with me, because my discharge code is SFK they won't pay the remainder of my SRB.