RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01814
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 Dec 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His debt in  the  amount  of  $10,758.36  be  dismissed  or  at  least
significantly reduced.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When  he  reenlisted,  he  had  every  intention  of  fulfilling   his
obligation to the Air Force.  However, the Air Force’s  needs  changed
during that enlistment.  He was in a career field with an overage  for
his rank.  He was directed by the Air Force to cross-train  out  of  a
job that he loved.  He chose to stay in that career field and  applied
for separation under the Force Shaping program,  which  was  approved.
It is his opinion that the Air Force essentially broke their  contract
by forcing him  to  cross-train,  which  ultimately  resulted  in  his
separation to meet the Air Force’s force reduction  requirements.   He
is employed but makes no additional money over his military pay.

In support of his appeal, the applicant provided an expanded statement
and documentation  pertaining  to  his  separation  and  military  pay
account.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant initially enlisted in the Regular Air Force on 8 Apr 98  for
a period of four years in the grade of airman basic.  He reenlisted on
27 Jun 03 for a period of four years in the grade of  staff  sergeant,
with entitlement to a Zone A,  Multiple  5.5,  Selective  Reenlistment
Bonus (SRB).

Applicant was honorably released from active duty on 7  Jan  05  under
the provisions of AFI 36-3208 (Miscellaneous/General Reasons)  in  the
grade of staff sergeant, with a separation  program  designator  (SPD)
code of MND.  He was credited with six years and nine months of active
service.

_________________________________________________________________

AIR FORCE EVALUATION:


AFPC/DPPAE recommended denial noting that, on 27 Jun 03, the applicant
reenlisted for a period of four years.  Additionally, they  noted  the
applicant signed and dated an AF Form  901,  Reenlistment  Eligibility
Annex to DD Form 4, indicating he had been advised of, understood, and
agreed to the conditions which may terminate his continued entitlement
to unpaid bonus installments and cause a portion of the advance  bonus
payment to be recouped or terminated.  In the event any administrative
action was initiated by him or the Air Force that could result in  the
need to recoup the bonus payments, he  consented  to  the  withholding
from current pay, final pay, or any other monies due  him  to  satisfy
this anticipation of the indebtedness for the unearned portion of  his
reenlistment bonus.  He further consented to  such  withholding  at  a
rate sufficient to satisfy this final pay, or other  monies  due  him.
Such held  pay  should  be  paid  if  it  was  later  determined  that
recoupment was required.  He also understood he would be paid  a  Zone
1, Multiple 5.5 bonus based on four years of  continued  service.   He
initialed his understanding that no other reenlistment  guarantee  was
made.

According to AFPC/DPPAE, the applicant was initially identified during
the Fiscal Year 2004 (FY04) Noncommissioned Officer  (NCO)  Retraining
Program and was provided  the  opportunity  to  choose  an  Air  Force
Specialty Code (AFSC) that had a retraining requirement for  his  rank
and an SRB that was equal to or greater than his  current  AFSC.   The
applicant did not apply to retrain in Phase I (voluntary phase) of the
FY04 NCO Retraining Program and was selected to retrain  in  Phase  II
(involuntary phase) of the program.  Phase II of the program  retrains
individual into AFSCs where they are  needed  most  and  the  member's
preferences are no longer a factor.  The applicant  chose  to  decline
retraining,  which  rendered  him  ineligible  for  reenlistment   and
promotion, and required his separation under Force Shaping.  The bonus
recoupments were tied to the applicant’s enlisted SPD code.

AFPC/DPPAE indicated  they  conducted  a  review  of  the  applicant’s
personnel record and there was nothing to support his request.  He was
fully aware of his commitments  and  voluntarily  decided  to  decline
retraining.  The administrative action taken by the applicant  clearly
showed he failed to uphold his contract with the Air Force.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating that at no time did he refuse to retrain.  He did apply for
separation under the  Force  Shaping  program  but  never  signed  any
paperwork stating he refused  to  retrain.   If  he  had  been  denied
separation under the program, he would have accepted  retraining.   He
believes the incorrect statements cast a negative light on his case.

Applicant’s complete response is at 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 find it insufficient to convince us that corrective action
is  warranted.   The  evidence  of  record  indicates  the   applicant
reenlisted with  an  entitlement  to  an  SRB.   He  was  subsequently
released from active duty for miscellaneous/general  reason  after  it
appears he voluntarily requested separation under  the  Force  Shaping
program.  As a result, he was assigned  an  SPD  code  which  required
recoupment of any bonus payments he  had  received.   Furthermore,  we
note that at the time of his reenlistment, the applicant  acknowledged
he understood and agreed to the conditions which would  terminate  his
continued entitlement to any unpaid bonus and would  cause  the  bonus
payments he had  received  to  be  recouped.   No  evidence  has  been
presented which would lead us to  believe  the  applicant's  voluntary
separation was improper or contrary to the governing directives  under
which it was effected,  or  that  the  SPD  code  was  inappropriately
assigned.  In view of the foregoing, and in the absence of evidence to
the contrary, we conclude that no basis exists upon which 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-
2005-01814 in Executive Session on 17 Aug 05, under the provisions  of
AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 23 Jun 05.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jun 05.
    Exhibit E.  Letter, applicant, dated 20 Jul 05.




                                   JOSEPH G. DIAMOND
                                   Panel Chair