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AF | BCMR | CY2005 | BC-2005-00784
Original file (BC-2005-00784.DOC) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00784
            INDEX CODE:  128.05

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  6 Sep 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her indebtedness for her Selective Reenlistment Bonus (SRB) be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was miscounseled that her bonus  would  not  be  recouped  if  she
separated under the Force Shaping Program.

In support of her appeal, the applicant provided a personal statement,
supportive statements, including a  statement  from  her  spouse,  and
other documents associated with the matter under review.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate she enlisted
in the Regular Air Force on 16 Feb 00.   She  was  honorably  released
from active duty on 1 Oct 04  under  the  provisions  of  AFI  36-3208
(Miscellaneous/General Reasons), with a separation code of “MND.”  She
was credited with 4 years, 7 months, and 16 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPR recommended denial indicating the Separations Section of the
applicant’s Military Personnel Flight  (MPF)  was  contacted  and  the
noncommissioned officer (NCO) who processed the applicant’s separation
application stated the applicant was briefed on the Fiscal  Year  2005
(FY05) Force Shaping Limited Active Duty  Service  Commitment  Program
and the possibility of recoupment.

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

DFAS-POCC/DE recommended denial noting the  applicant  was  discharged
with a separation code  of  MND.   Under  this  separation  code,  the
unearned portion of her SRB is to be recouped.  The  applicant’s  debt
has been validated and recoupment of the debt was proper and the  debt
is valid.  DFAS-POCC/DE also noted the applicant applied for a  waiver
of her indebtedness through the Waiver  and  Remission  Branch  (DFAS-
PCTD/DE) but is ineligible for waiver consideration.

A complete copy of the DFAS-POCC/DE evaluation, with  attachments,  is
at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  6
May 05 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

_________________________________________________________________

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.  The evidence of record indicates the
applicant was released  from  active  duty  under  the  Force  Shaping
Program, and assigned a separation code requiring  recoupment  of  the
unearned portion of her SRB.  She contends that prior  to  making  the
decision  to  separate,  she  was  advised  by  the  Separations   and
Retirements Section representative of  her  respective  MPF  that  she
would not have to repay her SRB; she just would not receive any future
payments.  After a thorough review of the facts and  circumstances  of
this case, we are of the opinion that sufficient evidence  does  exist
to  support  a  finding  the  applicant  was  not  adequately  advised
regarding the recoupment of her SRB in the event she  separated  under
the Force Shaping Program.  We believe it is conceivable that had  she
received accurate information concerning this matter, she may not have
made a decision that resulted in her indebtedness to  the  Air  Force.
In view  of  the  above,  we  recommend  the  applicant’s  records  be
corrected as indicated below, which we believe affords her proper  and
fitting relief.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on  30  Sep  04,  she
applied for a remission of her indebtedness, incurred as a  result  of
the recoupment of the unearned portion of her  Selective  Reenlistment
Bonus (SRB), and her request was approved by competent authority.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-00784 in Executive Session on 16 Jun 05, under the provisions  of
AFI 36-2603:

      Ms. Martha J. Evans, Panel Chair
      Mr. Alan A. Blomgren, Member
      Mr. Jay H. Jordan, Member

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

     Exhibit A.  DD Form 149, dated 19 Feb 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPR, dated 15 Apr 05.
     Exhibit D.  Letter, DFAS-POCC/DE, dated 27 Apr 05, w/atchs.
     Exhibit E.  Letter, SAF/MRBR, dated 6 May 05.




                                   MARTHA J. EVANS
                                   Panel Chair




AFBCMR BC-2005-00784




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 30 Sep 04, she applied
for a remission of her indebtedness, incurred as a result of the
recoupment of the unearned portion of her Selective Reenlistment Bonus
(SRB), and her request was approved by competent authority.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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