Disallowance of Air Force Member's Claim for Regular and Variable Reenlistment Bonuses

An Air Force member requested reconsideration of the denial of his claim for regular and variable reenlistment bonuses. While stationed in Taiwan, the claimant was placed on international hold to await adjudication of a criminal charge for homicide filed against him by the Chinese authorities. The claimant was convicted of the homicide, but confinement was delayed until the denial of his appeal. The delayed confinement was in accordance with the Status of Forces Agreement with the Republic of China, which provides that the custody of an accused member of the United States armed forces shall be entrusted to the military authorities of the United States pending conclusion of all judicial proceedings. Upon denial of the claimant's appeal, he was sentenced to confinement for 10 years. In order to keep the claimant under the protection of the Status of Forces Agreement, he was permitted to extend his enlistment, as provided by law. Although the claimant's discharge from the Air Force for misconduct was approved in December 1973, his discharge will not be executed until his release from confinement. Therefore, because the claimant was ineligible for reenlistment due to his conviction for a felony, he is ineligible for the reenlistment bonus. Accordingly, the denial of the claim was sustained.