RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02883 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to remove the Separation Program Designator (SPD) code FGQ (Interdepartmental Transfer). APPLICANT CONTENDS THAT: His SPD code requires him to payback a portion of his Aviator Continuation Pay (ACP) bonus. He transferred from an active duty position to an Active Duty Guard/Reserve (AGR) position with the Air National Guard and is now being required to pay back eight percent of his ACP bonus. While he acknowledges he did not complete his ACP obligation on active duty, he has served the remainder of his obligation as an AGR member, without a break in service. He wants the SPD code of FGQ removed so he can stop the debt and recoup payments he has already made. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 2 Jun 99, the applicant initially entered the Regular Air Force. On 30 Apr 09, the applicant signed 5 year ACP agreement, with an effective date of 7 Apr 09. On or around 4-5 Apr 13, the applicant signed AF Form 2631, Palace Chase Statement of Understanding, acknowledging repayment of any bonuses prior to separation from active duty. On 27 Jun 13, the applicant’s resignation was accepted by the Secretary of the Air Force (SecAF) for enter into Palace Chase Program. The resignation letter states the applicant was required to reimburse the government for the pro rata share of ACP. On 20 Sep 13, the applicant was furnished an honorable discharge, with an SPD code of FGQ (Interdepartmental Transfer), and was credited with 14 years, 3 months, and 19 days of active service. On 21 Sep 13, the applicant transferred to the New Jersey Air National Guard and into an Active Guard Reserve tour through 30 Sep 17. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. AFI 36-3207, Separating Commissioned Officers, states the Air Force normally requires recoupment of a portion of education assistance, special pay, or bonus money received when officers separate before completing the period of active duty they agreed to serve. It also states if the officer voluntarily separates, the officer is subject to recoupment of a portion of education assistance, special pay, or bonus money received. Finally, AFI 36-3207 states the immediate commanders, supervisors or Military Personnel Flight (MPF) chiefs advise officers that if SecAF approves their request for release from active duty or accepts their resignations they may be subject to recoupment of a portion of education assistance, special pay, or bonuses received if they leave active duty before completing the period of active duty they agreed to serve. The recoupment appears to be in accordance with the governing directive and within the discretion of the SecAF and no error in the processing of the applicant's request for separation was found. The applicant did not provide evidence of any errors or injustices surrounding the processing of his discharge. His records indicate he separated from active duty prior to the completion of his bonus obligation; therefore, recoupment procedures were put in place. Thus, the applicant's SPD code, narrative reason for separation, and character of service are correct as indicated on the applicant's DD Form 214. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. NGB/A1PF notes ACP does not cross components. The member signed up for the active duty ACP program; therefore, he should appeal to the active duty component to receive debt forgiveness for debt incurred due to his early departure. A complete copy of the NGB/A1PF evaluation is at Exhibit D. AFPC/DPAL recommends denial indicating there is no evidence of an error or an injustice. There are several statutory guidelines that require a member to repay bonus monies due to the failure to complete obligated service and the applicant has signed multiple documents acknowledging his responsibility to repay any unearned bonus monies. United States Code, Title 37, Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment are not met, states “a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member's satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement.” The applicant has provided no evidence of an exception to this requirement. Further, the Office of the Under Secretary of Defense (OUSD) Memorandum, dated 29 Nov 10, directs members with an SPD Code of FGQ (Intradepartmental Transfer) are required to repay the unearned portion of the bonus. Finally, AFI 36-3004, Aviator Continuation Pay (ACP) Program, dated 12 Apr 07, states, if the reason for failure to complete active duty aviation service is voluntary, and the effective date of the disqualification or separation is before next anniversary payment, then the next scheduled payment is not paid and future anniversary payments are not paid and any unearned portion of the bonus already paid is recouped. Additionally, the applicant’s SecAF-approved resignation, tendered 5 Apr 13, determined he was required to reimburse the government for the pro rata share of ACP. The applicant also signed the AF Form 2631, Palace Chase Statement of Understanding, which indicates his understanding of the requirement to repay any unearned portion of the bonus prior to his separation. AFI 36-3004 also states unearned bonus money already received is recouped. When the applicant signed his ACP agreement, his acknowledgment implied he understood and complied with the terms and conditions of his agreement as set forth in the implementation messages and instructions at the time of his signature. This includes the paragraph that indicates he may be required to reimburse the United States Government of any unearned ACP monies if he separated prior to the completion of his ACP obligation. A complete copy of the AFPC/DPAL evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Jan 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. 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. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2014-02883 in Executive Session on 25 Mar 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Jun 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 4 Aug 14. Exhibit D. Memorandum, NGB/A1PF, dated 7 Nov 14. Exhibit E. Memorandum, AFPC/DPAL, dated 11 Dec 14. Exhibit F. Letter, SAF/MRBR, dated 6 Jan 15.