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AF | BCMR | CY2005 | BC-2005-00790
Original file (BC-2005-00790.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-00790
                                        INDEX CODE:  128.05
  XXXXXXXXXXXXXXXXXXXX            COUNSEL:  NONE

  XXXXXXXXXXXXX                         HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 September 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was separated under  the  Force  Shaping
element of the PALACE CHASE program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He requested a PALACE  CHASE  transfer  from  active  duty  approximately  9
August 2004 and enlisted  in  the  National  Guard  on  5  January  2005  as
outlined in the Force Shaping guidelines.  Members released under the  Force
Shaping PALACE CHASE program may be relieved of any recoupment  of  bonuses.
His request for separation was based solely on the assumption that he  would
not be required to repay his bonus.  His separation office failed to  inform
him that if his records did not reflect Force Shaping separation, his  bonus
would be recouped.  At the time of  his  separation,  he  was  eligible  for
reenlistment and would not have elected separation.

In support of his application, the applicant submits copies of his  DD  Form
214, a copy of his AF Form 100, Request  and  Authorization  for  Separation
and its amendment.  The applicant’s  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  21  May  1997.   He  was
progressively promoted to the grade of staff sergeant  (E-5)  effective  and
with a date of rank of 1 May  2002.   On  1 September  2004,  the  applicant
voluntarily applied to separate under the provisions  of  the  PALACE  CHASE
Program.  As part of his application, he signed  an  Air  Force  Form  2631,
Palace Chase  Statement  of  Understanding/Contract.   His  application  was
processed and approved with a date of separation of 3  January  2005  and  a
PALACE CHASE contract expiration date of 3  February  2008.   The  applicant
was honorably released from active duty effective 3 January  2005,  with  an
SPD code of MGQ (Release - Interdepartmental Transfer).   He  had  served  7
years, 7 months, and 13 days  on  active  duty.   On  4  January  2005,  the
applicant enlisted in the Air National Guard.  He is  currently  serving  in
the Air National Guard in the grade of staff sergeant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSR recommends the application be denied.  DPPRSR  states  that  the
PALACE CHASE Force Shaping program was announced  and  approved  4  February
2004 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  the  program.   If  he  had  submitted  the
appropriate form, his application would have been  approved.   Additionally,
DPPRSR found no evidence of wrong doing on the part of his servicing MPF  or
recruiter.  The AFPC/DPPRSP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On March 2004, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and comment.   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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice warranting corrective  action.   Even  though  the
evidence does not establish that the actions taken by  Air  Force  officials
were improper at the time of the applicant’s PALACE  CHASE  application,  we
find it difficult to believe the  applicant  would  not  have  submitted  an
application under the Force Shaping element of the PALACE CHASE program  had
he been provided all the applicable information.   We  note  the  Air  Force
office of primary responsibility indicates  the  applicant  would  not  have
been subject to bonus recoupment  had  he  submitted  the  appropriate  form
under the Force Shaping element of the PALACE CHASE program  and  that,  had
such  a  request  been  submitted,  it  would  have  been  approved.   After
considering the totality of the evidence before us, the Board believes  that
an injustice may exist; and accordingly, it would be in  the  best  interest
of the Air Force and  the  applicant  to  favorably  consider  his  request.
Therefore, it is the Board’s opinion that in order to provide him  fair  and
equitable relief, his records should be corrected as indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that, on 1 September  2004,  he  submitted
an application under the Force  Shaping  program  in  conjunction  with  his
application to separate under the PALACE CHASE program and his  request  was
approved by competent authority.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 10 August 2005, under the provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Ms. Jan Mulligan, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2005-00790 was considered:

     Exhibit A.  DD Form 149, dated 1 Mar 05, w/atchs.
     Exhibit B.  Letter, AF/DPPRSR, dated 19 Apr 05, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 29 Apr 05.




                                                   MICHAEL J. NOVEL
                                                   Panel Chair




AFBCMR BC-2005-00790




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 XXXXXXXXXXXXXXXXXXXXXX, be corrected to show, on 1 September
2004, he submitted an application under the Force Shaping program in
conjunction with his application to separate under the PALACE CHASE program
and his request was approved by competent authority.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


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