RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02912
            INDEX CODE:  128.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he is not required to pay back his
Selective Reenlistment Bonus (SRB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has enrolled in  the  Air  Force  Reserve  Officer  Training  Corps
(AFROTC) at Charleston Southern University and  will  be  receiving  a
commission in Dec 05 to return to active duty.  He  was  advised  that
since he would be  coming  back  on  active  duty  as  a  commissioned
officer, he would not have to pay back his SRB.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, supportive statements, and his separation documents.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 31 Jan 96 for a period of  four  years  in
the grade of airman basic.  He entered his last enlistment on  29  Jan
02 for a period of six years in the  grade  of  staff  sergeant,  with
entitlement to a Zone A, Multiple 3.5, SRB.

An AF IMT 100, Request and Authorization for Separation, dated  16 Jun
04, indicates the applicant was to be honorably discharged on  30  Jul
04, with a separation program designation (SPD) code of  KGX  (Officer
Training Program).

On 3 Aug 04, he requested and was approved  for  early  separation  to
participate in the AFROTC program at Charleston Southern University.

On 8 Aug 04,  his  separation  orders  were  amended  to  reflect  the
effective date of his discharge as 15 Aug 04, and his SPD code as  MND
(Miscellaneous/General Reasons (Release).

Applicant was honorably discharged on 15 Aug 04 under  the  provisions
of AFI 36-3208 (Miscellaneous/General Reasons), with an  SPD  code  of
MND.  He was credited with 8 years, 6 months, and 16  days  of  active
service.

On 3 Nov 04, AFPC/DPPRSP (Separations Branch) notified  the  applicant
that his SPD code was changed to KND  (Miscellaneous/General  Reasons)
(Discharge).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS indicated that based on the documentation provided  by  the
applicant, his  discharge  was  consistent  with  the  procedural  and
substantive requirements of the discharge regulation, and  was  within
the discretion of the discharge authority.

A complete copy of AFPC/DPPRS evaluation is at Exhibit C.

AFPC/DPPAEQ recommended  denial  indicating  that  they  reviewed  the
applicant’s records and the documentation provided and  found  nothing
to support his request.  Based on his previous SPD code of  “MND”  and
his current code of “KND,” recoupment of his SRB is applicable.

A complete copy of the AFPC/DPPAEQ evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating that according to the governing regulation,  recoupment  of
an unearned bonus is not required  if  the  member  is  separated   to
permit acceptance of or entry into a program leading to  a  commission
or warrant appointment in the same or another  military  service.   He
has contracted to enlist in the Air Force Reserve  to  participate  in
the ROTC program.  He should not have  to  have  his  bonus  recouped.
This would be a great hardship on him and his family.  He is proud  to
serve in the Air Force and hopes to have many more years to come.

Applicant’s complete submission, with attachments, is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice  warranting  corrective  action.   The
evidence of record indicates that subsequent to his reenlistment  with
entitlement to an  SRB,  he  requested  and  was  approved  for  early
separation to participate in the AFROTC program at Charleston Southern
University.  Orders were prepared indicating he was  to  be  honorably
discharged on 30 Jul 04 with an SPD  code  of  KGX  (Officer  Training
Program).   This  code  would  not  require  recoupment  of  his  SRB.
However, because he did not have a  contract  to  participate  in  the
AFROTC program, his  orders  were  subsequently  amended  and  he  was
honorably discharged on 15 Aug 04 for miscellaneous  reasons  with  an
SPD code of MND, which was  later  administratively  changed  to  KND.
Both codes required recoupment of his SRB.  The applicant contends  he
was advised that since  he  was  coming  back  on  active  duty  as  a
commissioned officer, he would not have to pay back his SRB.  After  a
thorough review of the facts and circumstances of this  case,  we  are
sufficiently persuaded  the  applicant  may  not  have  been  properly
advised regarding his separation to participate in the AFROTC program.
 Furthermore, it appears that the responsible AFROTC detachment failed
to appropriately route his paperwork through necessary  channels.   In
our view, the applicant should not have  to  bear  the  burden  of  an
indebtedness that undoubtedly would not have occurred had he not  been
so  poorly  counseled  or  proper  procedures   had   been   followed.
Therefore, we believe any indebtedness he incurred as a result of  his
separation from active  duty  should  be  remitted.   Accordingly,  we
recommend his records be corrected as set forth 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  14  Aug  04,  he
applied for a remission of his indebtedness and that it  was  approved
by competent authority.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-02912 in Executive Session on 15 Feb 05, under the provisions  of
AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. Robert H. Altman, Member
      Ms. Martha A. Maust, Member

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

    Exhibit A.  DD Form 149, dated 10 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 10 Nov 04.
    Exhibit D.  Letter, AFPC/DPPAEQ, dated 6 Dec 04.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Dec 04.
    Exhibit F.  Letter, applicant, dated 1 Jan 05, w/atchs.




                                   ROBERT S. BOYD
                                   Panel Chair











AFBCMR BC-2004-02912




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 , be corrected to show that on 14 Aug 04, he applied
for a remission of his indebtedness and that it was approved by
competent authority.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency