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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