RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00780
		INDEX CODE:  128.10
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  16 JUNE 2007

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APPLICANT REQUESTS THAT:

Her indebtedness to the government for repayment of her initial enlistment bonus (IEB) be voided.

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APPLICANT CONTENDS THAT:

She inquired about her IEB at the time of her separation and was told she would not have to pay it back.

She was shocked when her entire tax return for 2005 was applied toward this debt she didn’t realize she had.  She did not receive any notice of the debt during the eight months after her separation from the Air Force.  If she had been notified, she would have been more understanding.  She believes it is unjust to take her entire tax return without any notice.

In support of her appeal, applicant submits a copy of her DD Form 214.

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STATEMENT OF FACTS:

According to information in the Military Personnel Data Sysytem (MilPDS), the applicant entered active duty in the Air Force on 8 Jul 03.  She was released from active duty on 1 May 05 with a separation code of “MND,” “Miscellaneous/General Reasons” and given a “3A” Reenlistment Eligibility Code, “First-Term airman who separates before completing 36 months (60 months for a 6-year enlistee) on current enlistment and who has no known disqualifying factors or ineligibility conditions except grade, skill level, and insufficient Total Active Federal Military Service.”

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AIR FORCE EVALUATIONS:

AFPC/DPPAE recommends denial of the applicant’s request.  On 8 Jul 03, the applicant signed and dated an AF Form 3008, Supplement to Enlistment Agreement—United States Air Force.  The form entitled the applicant to a $4,000 IEB.  The applicant initialed in Section IA her understanding that should she voluntarily or involuntarily not complete the term of obligated service for which the bonus was paid, or not maintain qualification in the bonus Air Force Specialty (AFS), she might be required to repay the unearned portion of the bonus.  The applicant voluntarily requested and was approved for release from the Air Force and, as such, failed to uphold her contract with the Air Force thereby causing recoupment action to be taken.

DPPAE attaches a copy of AF IMT 100, Request and Authorization For Separation, and the AF Form 3008.  The complete evaluation, with attachments, is at Exhibit C.

AFPC/DPPRS also recommends denial of the applicant’s request.  They note there is no AF IMT 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation, filed in the applicants master personnel records.  However, they do note that an AF IMT 100 is on file indicating the applicant was voluntarily separating and had not completed 90 percent of her initial enlistment.  The complete evaluation, with attachments, is at Exhibit D.

HQ AFPC/JA recommends denial of the applicant’s request.  JA states the Air Force Shaping Program provided certain individuals with an opportunity to voluntarily opt out of their enlistments on the condition that they repay any bonuses received.  Many found this opportunity attractive and chose to leave the Air Force to pursue other career possibilities in the civilian sector.  Nothing in the information provided by the applicant demonstrates any impropriety or unfairness meriting the relief she seeks.  The requirement to repay her enlistment bonus was an expressed condition of her request to leave active duty during the FY 2004 Force Shaping Program.  The complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 April 2006 for review and comment.  To date, a response has not been received.
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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 an error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that the applicant should be given the relief requested.  Her contentions are duly noted; however we found no evidence that the applicant was miscounseled or that she has been treated any differently than others who were similarly situated.  Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 20 June 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with Docket Number BC-2006-00149:

	Exhibit A.  DD Form 149, dated 21 Feb 06, w/atch.
	Exhibit B.  Applicant’s Master Personnel Records.
Exhibit C.  Letter, HQ AFPC/DPPAE, dated 31 Mar 06, w/atch.
	Exhibit D.  Letter, HQ AFPC/DPPRS, dated 6 Apr 06, w/atch.
	Exhibit E.  Letter, HQ AFPC/JA, dated 14 Apr 06.
Exhibit F.  Letter, SAF/MRBR, dated 21 Apr 06.