RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02036
		INDEX CODE:  112.00,128.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  His Reenlistment Eligibility (RE) code be changed.

2.  He be reimbursed $1,755.72 for his Selective Enlistment Bonus (SEB).

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate offices of the Air Force. 

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AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial.  They indicate that the applicant’s RE code of 2C, Involuntarily separated with an honorable discharge; or entry level separation without characterization of service is correct.  Although his character of service was changed from under honorable conditions to honorable and his separation code changed from JKM (Misconduct) to JFF, Secretarial Authority, by the AFBCMR (SIC) {the Air Force Discharge Review Board - AFDRB made this correction}, recoupment of his unearned portion of his SRB is still required based on the separation code.  

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 November 2001 a copy of the Air Force evaluation was forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office. 

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ADDITIONAL EVALUATION:

DFAS-POCC/DE recommended denial.  They indicate that the applicant separated with a debt owed the Government due to recoupment of his Selective Enlistment Bonus (SEB).  The amount of the debt after final adjustments were made totaled $1,444.79.  The amount was established on the Defense Debt Management System.  The IRS offset $641.92 from income tax return and the payment was credited on 29 March 2001.  A second payment was received from a collection agency in the amount of $874.64 and was credited on 14 May 2001.  The entire debt of $1,444.79 plus $71.77 in interest, penalty, and administrative charges was collected.  The fact that the discharge was upgraded to honorable and the separation code was changed to JFF has no effect on the collection.

The evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL EVALUATION:

On 26 December 2001 a copy of the DFAS evaluation was forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office. 

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting partial relief.  The RE code issued at the time of separation was apparently in accordance with the applicable regulations.  However, a majority of the Board finds that based on the Air Force Discharge Review Board’s (AFDRB) decision to upgrade the applicant’s character of service to honorable and to change his separation program designator (SPD) code to JFF, his RE code should be changed.  The AFDRB concluded that the applicant’s discharge was inconsistent with actions administered to other members who committed similar offenses.  Also, the Board notes the applicant’s desire to enlist in the Reserves; and a majority of the Board believes he should be afforded the opportunity to apply for a waiver to enlist in the armed services.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to the Air Force or any branch of the service.  Therefore, the majority of the Board recommends his RE code be changed to “3K.”

4.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting reimbursement for his Selective Enlistment Bonus (SEB).  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation from the Defense Finance and Accounting Service (DFAS) and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant separated from the Air Force before serving the required amount of time to be entitled to the bonus.  While we note the applicant’s separation code and narrative reason for separation were changed by the AFDRB, we find insufficient evidence which would persuade us to change his separation code to one not requiring recoupment.  We find no basis upon which to pay him for unserved time.  In view of the foregoing, and in the absence of evidence to the contrary, we find no compelling basis to recommend granting this portion sought in this application.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his discharge on 22 June 2000, he was issued a Reenlistment Eligibility (RE) code of “3K.”

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The following members of the Board considered AFBCMR Docket Number 01-02036 in Executive Session on 14 February 2002 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

By a majority vote, the Board voted to correct the records, as recommended.  Mr. voted to deny the application and does not desire to submit a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 May 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 18 October 2001.
   Exhibit D.  Letter, SAF/MRBR, dated 2 November 2001.
   Exhibit E.  Letter, DFAS-POCC/DE, dated 14 December 2001
   Exhibit F.  Letter, AFBCMR, dated 26 December 2001.

                                   

AFBCMR 01-02036

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to show that at the time of his discharge on 22 June 2000, he was issued a Reenlistment Eligibility (RE) code of “3K.”