RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02885
		INDEX CODE:  128.05

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

The recoupment of the unearned portion of her Selective Reenlistment Bonus (SRB) ($7583) be waived.

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APPLICANT CONTENDS THAT:

She was told when she reenlisted that she would receive $7500; however, she only received $4000 on 29 Apr 03.  At the commander’s call, when she agreed to take part in the force shaping program, she was not informed that there would be a penalty for doing what her country was asking her to do.

If she would have been told that she would have to refund the amount of money she received, plus the amount she did not receive, with interest and administrative fees, she would never had gone along with this request.  She gave six years of honorable service to her country and only cooperated with the option offered under force shaping program to help her country out.  

She was not aware of the indebtedness until her taxes were garnished in the summer of 2007.

In support of her appeal, the applicant submits a personal statement.

The applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 31 Mar 99, the applicant enlisted in the Regular Air Force.  On 29 Apr 03, she reenlisted for a period of four years and 11 months, and was paid a Zone A, Multiple 2.5 SRB, for 4 years.  She was authorized a total SRB of $17,492.99 of which she was paid $14,577.49, in installments.

On 15 Jun 05, she was honorably released from active duty under the provisions of AFI 36-3208.  She was credited with 6 years, 2 months, and 15 days of active duty service.  On 10 Mar 07, she was honorably discharged from the Air Force Reserve under the provisions of AFI 36-3209.  

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AIR FORCE EVALUATION:

HQ AFPC/DPSOS reviewed this application and recommends denial.  

The applicant requested a voluntary separation to be effective 15 Jun 05 under Military Personnel Flight Memorandum (MPFM) 04-35, Air Force Shaping Program, Phase II, specifically under the Limited Active Duty Service Commitment (LADSC) Waiver Program.  The LADSC Waiver Program, allows enlisted personnel to either retire or separate prior to completing specified active duty service commitments (ADSCs) or service commitments inclusive of normal date of separation (DOS)/expiration term of service (ETS).  Attachment 2, states “Personnel who separate will do so under the miscellaneous provisions of AFI 36-3208, Administrative Separation of Airmen, para 3.15.  

The implementation guidance was posted on the HQ AFPC website and clearly indicated at attachment 2 that recoupment of the unearned portion of bonuses were required under the LADSC Waiver Program in accordance with (IAW) existing AFIs and Air Force policy.  In addition, attachment 12, item 6, of the MPFM again reiterates the requirement for recoupment of any educational assistance, special pay or bonus money owed the government.

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, incorrectly reflects the applicant’s separation code and narrative reason as “MBK” and “completion of required active service.”  The separation code should reflect “MND” and a narrative reason of “Miscellaneous/General Reasons.”

HQ AFPC/DPSOS’s complete evaluation, with attachments, is at Exhibit C.

HQ AFPC/DPSOA reviewed the application and recommends denial, stating, in part, that on 15 Jun 05, the applicant received a miscellaneous discharge from the Regular Air Force under the LADSC Waiver Program.  Under the program, members sign Attachment 12 of the Force Shaping Program guidance (MPFM 04-35), “Statement of Understanding for Member Applying for Retirement/Separation under the Force Shaping Program,” as part of the application process.  Item 6 of Attachment 12, notified the applicant of her obligation to pay back the unearned portion of any bonus received.  Additionally, attachment 2 states, “Recoupment of unearned portions of bonuses, tuition assistance or scholarships is required IAW AFIs and Air Force policy,” under the following two headings: Exclusions, para “b” and Waiverable ADSCs/Service Commitments, note 3.  They found that she was well aware of her obligation to repay the unearned bonus as identified in MPFM 04-35.

HQ AFPC/DPSOA’s complete 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 the applicant on 21 Nov 08 for review and comment 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendation 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.  While we note the incorrect reason for separation cited on the applicant’s DD Form 214, we found no evidence her discharge was not in compliance with applicable instructions or that her separation from the Air Force was unjust or improper.  The applicant’s separation code will be administratively corrected to reflect “MND” and a narrative reason of “Miscellaneous/General Reasons.”  Hence, in the absence of evidence to the contrary, 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 issue(s) 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 Docket Number BC-2008-02885 in Executive Session on 11 February 2009, under the provisions of AFI 36‑2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jul 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOS, dated 3 Nov 08, w/atchs.
    Exhibit D.  Letter, HQ AFPC/DPSOA, dated 6 Nov 08.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Nov 08.

                                   
                                   Panel Chair