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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