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AF | BCMR | CY2003 | BC-2003-01788
Original file (BC-2003-01788.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01788
                                        INDEX CODE:  128.05
  XXXXXXXXXXXXXXXXXXXX            COUNSEL:  NONE

  XXXXXXXXXXXXX                   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Separation Program Designator (SPD) code be changed  to  one  that  does
not require recoupment of his bonus.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  Military  Personnel  Flight  Separations  technician   processing   his
separation paperwork was also preparing to separate  himself;  resulting  in
inefficient verification of his information used  to  prepare  his  DD  Form
214.  Now that  he  is  participating  in  the  Reserves,  he  is  having  a
difficult time getting the information corrected.

In support of his application, the applicant submits copies of his  DD  Form
214,  AFOUA  records  request  for  the  period  1999-2001,  three  enlisted
performance reports, Special  Order  GB------,  his  AFAM  certificate,  his
AFGCM certificate, and USAF  Ground  Weapons  Training  documentation.   The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6  January  1999  at  the
age of 21.  He was promoted to the grade of senior  airman  (E-4)  effective
and with a date of rank of 6 May 2001.  On  22 August  2002,  the  applicant
voluntarily applied to separate under the provisions  of  the  PALACE  CHASE
Program.  As part of his application, he signed  an  Air  Force  Form  2631,
Palace Chase  Statement  of  Understanding/Contract.   His  application  was
processed and approved with a date of separation of 30 October  2002  and  a
PALACE CHASE contract expiration date of 10 March 2007.  The  applicant  was
released from active duty  effective  30 October  2002,  with  an  honorable
characterization of service, a SPD code of MGQ (Release -  Interdepartmental
Transfer).  He had served 3 years, 9 months, and 25  days  on  active  duty.
On 31 October 2002, the applicant enlisted in the Air Force  Reserve  for  a
period of six years.  He is currently serving in the Reserves in  the  grade
of staff sergeant.

On 10 July 2003, the applicant’s DD Form 214 was  corrected  on  a  DD  Form
215, Correction to DD Form 214, to include the AFOUA  w/2OLC,  AFAM,  AFGCM,
Small Arms Expert Marksmanship Ribbon, and C-5 Jet  Engine  Technician,  PDS
Code NK5, 5 April 2001.  The applicant was forwarded a copy of the  DD  Form
215 on 10 July 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSR recommends disapproval of the  applicant’s  request  to  correct
his SPD code.  The SPD code of MGQ was correctly assessed  at  the  time  of
the  applicant’s  release  from  active  duty.   The  applicant  voluntarily
applied to separate under the provisions of the PALACE CHASE  Program.   His
application was processed and approved for PALACE CHASE separation after  an
assignment with the Air Reserve Component was verified.   The  PALACE  CHASE
Program requires members to sign an AF Form 2631, in  which  they  agree  to
serve two times the amount of service he owes the Air Force on  his  current
DD Form 4-1-2,  Enlistment/Reenlistment  Document  -  Armed  Forces  of  the
United States.  The AF Form 2631, item 1g states:  “If I have  been  paid  a
bonus, I will be required to repay the unearned portion of that bonus  prior
to separating from active duty.  The applicant initialed  that  block  along
with the rest of the form and signed in the  presence  of  a  witness.   The
AFPC/DPPRSP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  1
August 2003 for review and comment (Exhibits D).  As of  this  date,  this
office has received no response.

_________________________________________________________________

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  Board  notes  that  the  applicant
incurred a debt for unearned bonus when he  voluntarily  accepted  a  PALACE
CHASE assignment prior to fulfilling  his  2-year  extension  bonus  service
obligation.  The applicant voluntarily signed the PALACE CHASE agreement  to
include initialing  an  agreement  to  pay  back  any  unearned  bonus  upon
separation.  After reviewing all the evidence provided, the  Board  majority
is not persuaded that the applicant’s rights were violated, or that  he  was
treated any differently  than  any  other  Air  Force  member  in  the  same
situation.  In view of this, the majority  of  the  Board  agrees  with  the
opinion and recommendation of the Air Force and adopts  their  rationale  as
the basis for their conclusion that the applicant has not  been  the  victim
of an error or injustice.  Therefore, the majority of  the  Board  finds  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 September 2003, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Brenda L. Romine, Member
      Ms. Carolyn B. Willis, Member


Ms. Romine and Ms. Willis voted to deny  the  application.   Mr. Peterson
voted to grant the applicant’s  request  but  elected  not  to  submit  a
minority report.  The following documentary evidence  for  AFBCMR  Docket
Number BC-2003-01788 was considered:

      Exhibit A.  DD Form 149, dated 30 Apr 03.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRSR, dated 7 Jul 03.
      Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 03.




                                  RICHARD A. PETERSON
                                                   Panel Chair




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXXXXXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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