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AF | BCMR | CY2000 | 0000881
Original file (0000881.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NO:  00-00881

                             INDEX CODE:  128.05


                                  COUNSEL:  NONE

                                  HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Separation Program Designator (SPD) code of JKM be  changed  to  a
code  that  would  not  require  the  recoupment  of   her   Selective
Reenlistment Bonus (SRB).  SPD code JKM is defined as “misconduct.”
_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her initial enlistment in the Regular  Air  Force
on 4 Feb 91.  She was progressively promoted to the  grade  of  senior
airman.  On 12 Feb 94, she reenlisted for a  period  of  6  years  and
received a Selective Reenlistment Bonus (SRB).

On 10 Jan 96, the applicant received a  general  discharge  under  the
provisions of AFI 36-3208 (Misconduct).  She had completed a total  of
4 years, 11 months and 7 days and was serving in the grade  of  airman
basic (E-1) at the time of discharge.

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the letters prepared by
the appropriate offices of the Air Force.  Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

EXAMINER’S NOTE:   Regarding  settlement  of  the  applicant’s  Do-It-
Yourself (DITY) move, the Special Actions Branch, Defense Finance  and
Accounting Service - Denver Center (DFAS-DE), contacted the Air  Force
Travel Branch and was informed that there is no record  of  settlement
of the travel advance.  DFAS-DE stated that the debt was paid in  full
on 17 Oct 00.
_________________________________________________________________

AIR FORCE EVALUATION:

The Traffic Management Division, HQ USAF/ILTT, stated that an  advance
operating allowance of $747.00 provided to the applicant for her Do-It-
Yourself (DITY) move (completed on 10 Jan  96)  was  recouped  because
there is no record of a settlement for the DITY move.  In a series  of
electronic mails, AF/ILTT determined the applicant had  not  completed
the travel voucher and provided her the mailing address and  point  of
contact at Grand Forks AFB Traffic Management Office  who  would  work
her travel  voucher.   A  memorandum  of  record  confirmed  that  the
applicant received the mailing address and would complete and mail the
travel voucher to Grand Forks AFB.  AF/ILTT recommended no  change  of
record concerning the DITY advance since it would be  administratively
resolved at Grand Forks AFB.  A complete  copy  of  this  response  is
appended at Exhibit C.


The Separations Branch, HQ AFPC/DPPRS, stated that on 19 Dec  95,  the
applicant’s commander recommended she be involuntarily discharged  for
misconduct, pattern  of  misconduct  prejudicial  to  good  order  and
discipline.  Her discharge package reveals a history of reporting  for
appointments drunk, making false official statements, failing to go to
appointed place of duty and not keeping her government living quarters
clean.  She  received  two  Article  15  punishments  and  Letters  of
Reprimand.  The applicant was advised of her right to consult  counsel
and to submit statements in her own behalf.  She submitted a statement
in  her  own  behalf,  indicating  she  had  an  alcohol  problem  and
requesting an honorable discharge.  The discharge  authority  reviewed
the case and approved the recommendation for discharge for  misconduct
and directed that the applicant be given a general  discharge.   DPPRS
stated that the applicant did not submit any  new  evidence,  identify
any errors in the discharge processing, nor provide facts that support
a change in her narrative reason for discharge or the separation  code
that  was  given.   Accordingly,  DPPRS  recommended  the  applicant’s
records remain unchanged and her request be denied (Exhibit D).

The Skills Management Branch, HQ AFPC/DPPAE, reviewed this application
and recommended denial.  DPPAE stated that the applicant’s DD Form 214
indicates that she still held the Air Traffic Control Specialty at the
time of her separation from active duty.  DPPAE found no documentation
in her records to  show  that,  prior  to  her  separation,  the  unit
commander initiated Air Force Specialty Code (AFSC) withdrawal  action
due to medical reasons.  DPPAE stated that the  Law  (USC,  Title  37,
Section 308 d(1)) requires recoupment action for  misconduct.   Hence,
the applicant should not be allowed the benefits of an SRB entitlement
for service that was terminated early due to her  own  misconduct.   A
complete copy of the evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  applicant  on
28 July 2000 for review and response.  As of this  date,  no  response
has been received by this office (Exhibit F).
_________________________________________________________________

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 probable error  or  injustice  with  respect  to  the
applicant’s  separation  code.   We  have  thoroughly   reviewed   the
circumstances surrounding  the  applicant’s  discharge.   The  reasons
discharge proceedings were initiated against the  applicant  are  well
documented  in  the  evidence  of  record.   Due  to  the  applicant’s
misconduct, which was prejudicial to good order  and  discipline,  the
commander,  who  is  responsible  for  maintaining  a  quality  force,
recommended the applicant be discharged.  In view of the above and  in
the absence of evidence to the contrary, we find that the  applicant’s
separation  code  accurately  reflects  the   circumstances   of   her
separation.  Additionally, we noted that the applicant’s  air  traffic
control specialty was not withdrawn due to medical reasons.  Hence, we
agree with the appropriate Air Force office (HQ AFPC/DPPAE)  that  the
SRB recoupment action for the unexpired  portion  of  the  applicant’s
additional obligated service is appropriate.   We  therefore  conclude
that no basis exists upon which to recommend favorable action  on  her
request that the SPD code be changed.

4.    Notwithstanding the above, we do believe that the applicant  has
been the victim of an injustice concerning the recoupment of her Do-It-
Yourself (DITY) move advance  payment.   While  it  appears  that  the
applicant was properly charged with a debt as a  result  of  her  DITY
move, we believe that remission of the debt is appropriate.   In  this
respect, we note that  upon  completion  of  her  move  in  1996,  she
submitted and resubmitted the paperwork for  settlement  of  the  DITY
move.  Apparently,  due  to  circumstances  beyond  her  control,  the
required paperwork was not processed.  Inasmuch as the  applicant  has
been trying since 1996 to resolve this matter to no avail, we  believe
it would be unjust for her to continue to bear the cost  of  the  move
when she had no control over the processing of her claim.  In view  of
the foregoing, we recommend  that  the  applicant  be  reimbursed  the
advanced payment for her DITY move.  Accordingly,  we  recommend  that
the records be corrected as indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that, on  8  January  1996,
she applied for a remission of her indebtedness, incurred due  to  her
Do-It-Yourself (DITY) move in connection with her separation from  the
Air Force; and, on 9 January 1996, a remission  of  the  debt  in  the
amount of  $747.00,  which  is  not  subject  to  Federal  Income  Tax
Withholding, was approved by the Secretary of the Air  Force  pursuant
to Section 9837(d), Title 10, United States Code.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 October 2000, under the provisions of AFI  36-
2603:

                  Mr. Benedict A. Kausal IV, Panel Chair
                  Ms. Dorothy P. Loeb, Member
                  Mr. Richard A. Peterson, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Feb 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ USAF/ILTT, dated 11 May 00, w/atchs.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 12 Jun 00.
   Exhibit E.  Letter, HQ AFPC/DPPAE, dated 13 Jul 00.
   Exhibit F.  Letter, SAF/MIBR, dated 28 Jul 00.




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair



AFBCMR 00-00881





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that, on 8 January
1996, she applied for a remission of her indebtedness, incurred due to
her Do-It-Yourself (DITY) move in connection with her separation from
the Air Force; and, on 9 January 1996, a remission of the debt in the
amount of $747.00, which is not subject to Federal Income Tax
Withholding, was approved by the Secretary of the Air Force pursuant
to Section 9837(d), Title 10, United States Code.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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