RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02810
INDEX CODE 128.10
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
A pro-rated portion (approximately $666.67) of his original enlistment
bonus be refunded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed by numerous personnel throughout his military
personnel flight (MPF) at Shaw AFB that he would not have a pro-rated
portion of his original enlistment bonus taken from him on his last
paycheck. However, approximately $666.67 was taken. Shaw AFB claimed
it was a Defense Finance and Accounting Service (DFAS) error and the
money should be returned to his account by the end of Jul 04. He has
just returned to college and really needs the money.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Background:
The PALACE CHASE program is an early release program affording
active duty Air Force officers and enlisted members an opportunity to
request early separation from active duty and to serve the remaining
portion of their commitment in an Air Reserve Component (ARC), i.e.,
the Air National Guard (ANG) or the US Air Force Reserve (USAFR).
Enlisted members must serve for a period two times the remaining
amount they owed on their enlistment. The application process takes
approximately 7-8 weeks after HQ AFPC receives it. Military members
can request withdrawal of their application.
The AFPC website provides information about PALACE CHASE. Prior
to the Force Shaping Program (see below), its “Frequently Asked
Questions” link, Question 19 asks: “If a member agrees to serve in the
ARC, are they required to repay the unearned portion of bonuses,
scholarships, tuition assistance?” The Answer: “Enlisted are required
to repay unearned portion of bonuses.” [Officers also are required to
repay unearned portions of their bonuses.]
On 4 Feb 04, the PALACE CHASE Force Shaping Program was
announced. This program did not require recoupment of bonuses and its
purpose was to generate losses in addition to regular applications.
Pursuant to an inquiry by the AFBCMR Staff, HQ AFPC/DPPRSR informally
advised via email that they approved approximately 725 enlisted
regular PALACE CHASE applications before and during the Force Shaping
Phases I and II programs. They continued to process regular PALACE
CHASE applications and did not accept any Force Shaping applications
until 12 Mar 04, per Military Personnel Flight Memo (MPFM) 04-25,
May 04. HQ AFPC/DPPRSR further indicated that the date a member
signed his AF Form 1288, Application for Ready Reserve Assignment,
determined the applicable program. MPFM 04-35, Aug 04, further
clarified that requests to change previously approved PALACE CHASE
packages to take advantage of the waivers in general would not be
approved unless in the Air Force’s best interests. Information on the
Force Shaping Phases I and II as well as the MPFMs are also available
on the AFPC website.
Information about PALACE CHASE is provided with the applicant’s
military personnel records at Exhibit B.
------
The applicant enlisted in the Regular Air Force on 9 Jun 99 for a
period of six years, giving him a date of separation (DOS) of 8 Jun
05. He received an enlistment bonus. He was promoted to the grade of
staff sergeant with a date of rank (DOR) of 1 Jul 03.
On 10 Sep 03, while assigned to the 15th Air Support Operations
Squadron at Ft. Stewart, GA, as an Enlisted Terminal Attack
Controller, the applicant applied, via AF Form 1288, for separation at
the earliest possible date under the PALACE CHASE program. He
requested assignment to the 165th Air Support Operations Squadron at
Brunswick, GA. The applicant’s request was approved on 23 Sep 03, but
with a release date of no earlier than 8 Jun 04 due to manning
requirements, current operations, and a high demand for his Air Force
Specialty Code (AFSC). Special Order No. AA-040, dated 6 Oct 03,
directed the applicant’s release from extended active duty, effective
8 Jun 04, and assignment to the GA ANG.
On 3 Jun 04, the applicant signed AF Form 2631, PALACE CHASE Statement
of Understanding/Contract, and initialed Item 1.6., which reads: “If
I have been paid a bonus, I will be required to repay the unearned
portion of the bonus prior to my separation from active duty.”
The applicant was honorably released from active duty on 8 Jun 04,
after five years of active service, and transferred to the GA ANG. He
had one year left on his original term of enlistment (TOE) and
apparently a pro-rated portion of his enlistment bonus was recouped.
On 9 Jun 04, the applicant enlisted in the ANG for a period of six
years.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRSR advises that the PALACE CHASE Force Shaping Program was
announced and approved on 4 Feb 04 to generate additional losses for
the Air Force. This program did not require recoupment of bonuses;
however, the applicant’s application was not submitted nor approved
under that program. Recommend disapproval of his request for return
of the pro-rated portion (approximately $666.67) of his original
enlistment bonus.
A complete copy of the evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 29 Oct 04 for review and comment within 30 days. 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. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded the recouped pro-rated portion of his enlistment bonus
should be refunded. The applicant’s contentions are duly noted;
however, we do not find these assertions, in and by themselves,
sufficiently persuasive to override the rationale provided by the Air
Force. The HQ AFPC PALACE CHASE website provides extensive
information about the program, including a “Frequently Asked
Questions” link that discusses bonus recoupment and the governing
MPFMs. The PALACE CHASE Statement of Understanding the applicant
signed on 3 Jun 04 indicates his understanding that he would be
required to repay the unearned portion of the bonus prior to his
separation from active duty. Finally, his application was processed
and approved before the Force Shaping program, which did not require
recoupment, went into effect. In view of the above and absent
persuasive evidence to the contrary, the applicant has not sustained
his burden of having suffered either an error or an injustice.
Therefore, we find no compelling basis to recommend granting the
relief sought.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 3 March 2005 under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. John B. Hennessey, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2004-02810 was considered:
Exhibit A. DD Form 149, dated 1 Sep 04, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRSR, dated 25 Oct 04.
Exhibit D. Letter, SAF/MRBR, dated 29 Oct 04.
WAYNE R. GRACIE
Panel Chair
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