RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01691
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 Nov 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His separation program designator (SPD) code of “MND” be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He separated from active duty under the Fiscal Year 2004 (FY04) Force
Shaping Phase II Program, which required no reimbursements.
In support of his appeal, the applicant provided copies of his
separation document.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 16 Oct 01 for a period
of six years in the grade of airman basic (E-1).
An AF Form 3008, Supplement to Enlistment Agreement - United States
Air Force, indicated the applicant acknowledged he understood that
upon completion of technical training and award of the three-skill
level in his guaranteed Air Force Specialty (AFS), he would be
authorized payment of an initial enlistment bonus in the amount of
$8,000.00, payable no earlier than one month after his arrival at his
first permanent duty station. He further understood that should he
voluntarily or involuntarily not complete the term of his obligated
service for which the bonus was paid, or should he not maintain
qualification in the bonus AFS, he may be required to repay the
unearned portion of the bonus.
Available documentation in the applicant’s records indicated that on
22 Jul 04, he requested to be separated from active duty on 1 Jan 05
according to AFI 36-3208, Chapter 3, Paragraph 3.14. On 26 Jul 04,
his commander recommended that his request be approved.
Applicant was honorably released from active duty on 1 Jan 05 under
the provisions of AFI 36-3208 (Miscellaneous/General Reasons) in the
grade of senior airman, with a corresponding SPD code of “MND.” He
was credited with 3 years, 2 months, and 16 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPR recommended denial indicating the applicant’s SPD code is
correct and should not be changed. They further stated that applying
for separation under the Force Shaping Program does not exempt a
member from having to reimburse any unearned portion of the monies
they have received. The applicant should be required to reimburse the
Air Force for any unearned portion of the monies he received in
accordance with existing Air Force instructions and policy.
A complete copy of the AFPC/DPPR evaluation, with attachment, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 24
Jun 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale as the
basis for our conclusion the applicant has not been the victim of an
error or injustice. The evidence of record indicates the applicant
voluntarily requested early separation from the Air Force and was
released from active duty for miscellaneous/general reasons, with an
SPD code of MND. No evidence has been presented which would lead us
to believe his release from active duty was improper or contrary to
the prevailing directive. In view of the forgoing, and in the absence
of sufficient evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2005-01691 in Executive Session on 4 Aug 05, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Terry L. Scott, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPR, dated 16 Jun 05, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 24 Jun 05.
THOMAS S. MARKIEWICZ
Chair
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