RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02862
		INDEX CODE:  128.10

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The recoupment of his Selective Reenlistment Bonus (SRB) be waived.

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APPLICANT CONTENDS THAT:

He is a victim of an injustice and should not be faulted because of the misguidance of those who were acting on behalf of the Air Force.  Had he received accurate information, he would not have made the decision that resulted in his indebtedness to the government.

In support of his appeal, the applicant provides expanded statements, documentation pertaining to his indebtedness, previous Board decisions, and other documents associated with the matter under review.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 Aug 00 for a period of four years.  He was released from active duty on 31 Aug 07 under the provisions of AFI 36-3208 (Miscellaneous/General Reasons) in the grade of staff sergeant, with a separation code of MND.  He was credited with 7 years, 4 months, and 26 days of active service.

The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial noting the applicant reenlisted on 17 Apr 03 for a period of four years and 17 months.  He was paid a Zone A, Multiple 5.5 SRB for four years of continued service.  According to the available documentation, he appealed his indebtedness of $9,566.22 determined by the Defense Finance and Accounting Service (DFAS).  According to the DFAS records, $1,626.96 of the debt was waived and is no longer an issue, but DFAS determined the remaining $7,939.96 could not be waived because the debt did not arise from an erroneous payment.  According to AFPC/DPSOA, they find no evidence of a zero debt.  The applicant was well aware that he was paid a bonus for four years of continued service, which he voluntarily opted not to complete.  

A complete copy of the AFPC/DPSOA evaluation, with attachments, is at Exhibit C.

AFPC/JA recommends denial noting the applicant separated under the Fiscal Year 2007 (FY07) Force Shaping Limited Active Duty Service Commitment (LADSC) Waiver Program.  He purports he separated only after receiving information from finance personnel that he would not incur a debt.  

According to AFPC/JA, a member who does not complete the term of enlistment for which a bonus was paid shall be subject to repayment provisions.  Except in circumstances authorized by the Secretary of the Air Force, an Air Force member who receives a bonus and whose receipt of the bonus is subject to the condition that the member satisfy a period of enlistment shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if the member fails to satisfy the requirements.  In this case, the bonus paid to the applicant was authorized under 37 USC 308, and the LADSC Waiver Program did not provide for the waiver of a reenlistment bonus.  Thus, the applicant is subject to the repayment provisions because he did not serve his entire enlistment.  In AFPC/JA’s view, the recoupment action was done in accordance with the law and no error or injustice has been established warranting any relief.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 24 Oct 08 for review and response within 30 days.  As of this date, no response has been received by this office (Exhibit E).

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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 applicant's complete submission was thoroughly reviewed, and his contentions were duly noted.  However, we do not find the applicant’s assertions and the documentation presented in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force offices of primary responsibility (OPRs).  The evidence of record indicates the applicant requested early separation under the Force Shaping LADSC Program.  He was subsequently released from active duty for miscellaneous/general reasons and assigned an SPD code requiring recoupment of the unearned portion of his reenlistment bonus.  We find no evidence which would lead us to believe that his separation was improper or contrary to the governing directive under which it was effected.  Further, no evidence has been presented which persuades us that he was improperly advised regarding the recoupment of his bonus, or that he was treated differently from others similarly situated.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we conclude that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2008-02862 in Executive Session on 16 Dec 08, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jul 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, dated 11 Aug 08, w/atchs.
    Exhibit D.  Letter, AFPC/JA, dated 9 Oct 08.
    Exhibit E.  Letter, SAF/MRBR, dated 24 Oct 08.

                                   
                                   Panel Chair