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AF | BCMR | CY2005 | BC-2005-00785
Original file (BC-2005-00785.DOC) Auto-classification: Approved




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00785
            INDEX CODE:  128.05

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  6 Sep 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  indebtedness  for  his  Selective  Reenlistment  Bonus  (SRB)  be
forgiven.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was improperly counseled that he would not have to repay his  bonus
if he decided to separate under the Force Shaping Program.

In support of his appeal, the applicant provided a personal statement,
supportive statements, including a  statement  from  his  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 he  enlisted
in the Regular Air Force on 19 Nov 97.  He 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.”   He
was credited with 6 years, 10 months, and 13 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 his 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 his 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 his SRB.  He contends that  prior  to  making  the
decision to separate, he was advised by the noncommissioned officer in
charge (NCOIC) of the  Separations  and  Retirements  Section  of  his
respective MPF that he would not have to repay his SRB; he 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 his SRB in the event he
separated  under  the  Force  Shaping  Program.   We  believe  it   is
conceivable that had he received accurate information concerning  this
matter, he  may  not  have  made  a  decision  that  resulted  in  his
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 him 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,  he
applied for a remission of his indebtedness, incurred as a  result  of
the recoupment of the unearned portion of his  Selective  Reenlistment
Bonus (SRB), and his request was approved by competent authority.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-00785 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-2005-00785




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






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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