RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-01788
							INDEX CODE:  128.05
  XXXXXXXXXXXXXXXXXXXX			COUNSEL:  NONE

  XXXXXXXXXXXXX				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Separation Program Designator (SPD) code be changed to one that does not require recoupment of his bonus. 

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APPLICANT CONTENDS THAT:

The Military Personnel Flight Separations technician processing his separation paperwork was also preparing to separate himself; resulting in inefficient verification of his information used to prepare his DD Form 214.  Now that he is participating in the Reserves, he is having a difficult time getting the information corrected. 

In support of his application, the applicant submits copies of his DD Form 214, AFOUA records request for the period 1999-2001, three enlisted performance reports, Special Order GB------, his AFAM certificate, his AFGCM certificate, and USAF Ground Weapons Training documentation.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6 January 1999 at the age of 21.  He was promoted to the grade of senior airman (E-4) effective and with a date of rank of 6 May 2001.  On 22 August 2002, the applicant voluntarily applied to separate under the provisions of the PALACE CHASE Program.  As part of his application, he signed an Air Force Form 2631, Palace Chase Statement of Understanding/Contract.  His application was processed and approved with a date of separation of 30 October 2002 and a PALACE CHASE contract expiration date of 10 March 2007.  The applicant was released from active duty effective 30 October 2002, with an honorable characterization of service, a SPD code of MGQ (Release - Interdepartmental Transfer).  He had served 3 years, 9 months, and 25 days on active duty.  On 31 October 2002, the applicant enlisted in the Air Force Reserve for a period of six years.  He is currently serving in the Reserves in the grade of staff sergeant.

On 10 July 2003, the applicant’s DD Form 214 was corrected on a DD Form 215, Correction to DD Form 214, to include the AFOUA w/2OLC, AFAM, AFGCM, Small Arms Expert Marksmanship Ribbon, and C-5 Jet Engine Technician, PDS Code NK5, 5 April 2001.  The applicant was forwarded a copy of the DD Form 215 on 10 July 2003.

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AIR FORCE EVALUATION:

AFPC/DPPRSR recommends disapproval of the applicant’s request to correct his SPD code.  The SPD code of MGQ was correctly assessed at the time of the applicant’s release from active duty.  The applicant voluntarily applied to separate under the provisions of the PALACE CHASE Program.  His application was processed and approved for PALACE CHASE separation after an assignment with the Air Reserve Component was verified.  The PALACE CHASE Program requires members to sign an AF Form 2631, in which they agree to serve two times the amount of service he owes the Air Force on his current DD Form 4-1-2, Enlistment/Reenlistment Document - Armed Forces of the United States.  The AF Form 2631, item 1g states:  “If I have been paid a bonus, I will be required to repay the unearned portion of that bonus prior to separating from active duty.  The applicant initialed that block along with the rest of the form and signed in the presence of a witness.  The AFPC/DPPRSP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 August 2003 for review and comment (Exhibits D).  As of this date, this office has received no response.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The Board notes that the applicant incurred a debt for unearned bonus when he voluntarily accepted a PALACE CHASE assignment prior to fulfilling his 2-year extension bonus service obligation.  The applicant voluntarily signed the PALACE CHASE agreement to include initialing an agreement to pay back any unearned bonus upon separation.  After reviewing all the evidence provided, the Board majority is not persuaded that the applicant’s rights were violated, or that he was treated any differently than any other Air Force member in the same situation.  In view of this, the majority of the Board agrees with the opinion and recommendation of the Air Force and adopts their rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  Therefore, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application.  

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.  

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The following members of the Board considered this application in Executive Session on 11 September 2003, under the provisions of AFI 36‑2603:

Ms. XXXX and Ms. XXXX voted to deny the application. Mr. XXXX voted to grant the applicant’s request but elected not to submit a minority report.  The following documentary evidence for AFBCMR Docket Number BC-2003-01788 was considered:

	Exhibit A.  DD Form 149, dated 30 Apr 03.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPRSR, dated 7 Jul 03.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 03.

									Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXXXXXXXXXX

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.

							Director
							Air Force Review Boards Agency