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AF | BCMR | CY2005 | BC-2005-01871
Original file (BC-2005-01871.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01871
            INDEX CODE:  128.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 DECEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment bonus not be recouped for separating under the  Force
Shaping Program (PALACE CHASE).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was mislead on the “Force Shaping” policy.  On 10 February 2004, he
requested early separation from active duty.  His  Military  Personnel
Flight (MPF) told him to wait until March 2004 to  apply  because  the
“Force Shaping” program would be implemented and he would not have  to
pay  back  his  Selective  Reenlistment  Bonus  (SRB).   He  initially
completed the appropriate form  on  15 March  2004;  however,  it  was
returned for completion of an updated version of the form and he dated
the reaccomplished form  30  March  2004.   After  numerous  follow-up
actions, at the end of August or beginning of September 2004,  he  was
informed that he was approved to separate.  He was on  terminal  leave
from 10 October to 3 December 2004 and started working as a  reservist
on 6 December 2004.

On or about April 2005, he received a letter from DFAS stating he owed
the government $1,200.00 for an SRB he did not fulfill.  He would  not
have separated under the basic PALACE CHASE knowing he would  have  to
pay back his SRB.  He already had a Reserve position in line  and  was
just waiting for his separation date.  When his  MPF  briefed  him  on
separating early if he desired, his future supervisor  agreed  to  the
early separation.  He would have waited until August 2004; however, he
requested  December  2004  as  his  separation  date  based   on   his
notification for promotion to the grade of technical  sergeant  (E-6),
effective October or November 2004.  He feels he  was  misinformed  on
his obligations to the Air Force and the SRB recoupment will  cause  a
hardship.

In support of his request, the applicant submits  a  copy  a  personal
statement, copies of AF Forms  1288  (Application  for  Ready  Reserve
Assignment) and a 29 June 2004 letter requesting a date of  separation
under  PALACE  CHASE.   The  applicant’s  complete  submission,   with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
31 May 1990.  His most recent reenlistment in the  Regular  Air  Force
was on 5 August 1999 in the grade of staff sergeant (E-5) for a period
of six years.  At the time of his August  1999  reenlistment,  he  was
paid a Zone B, Multiple 1.0 bonus based  on  six  years  of  continued
service.  He was progressively promoted  to  the  grade  of  technical
sergeant (E-6), with an effective date and date of rank of  1  October
2004.

The applicant was honorably discharged on 2 December  2004  under  the
provisions of AFI 36-3208 (Intradepartmental Transfer) and transferred
to the Air Force Reserve.  On 3 December 2004, he enlisted in the  Air
Force Reserve in the grade of E-6 for a period of two years.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRSR recommends the application be  denied.   DPPRSR  states
the applicant’s AF Form 1288, dated 30 March 2004, is dated after  the
Force  Shaping  Phase  I  program  ended.   His  originally  submitted
package, dated 15 March 2004, was returned without action for using an
outdated form.  The corrected form  was  received  on  6  April  2004.
Force Shaping Phase I messages stated all packages must be  dated  not
later than (NLT) 12 March 2004 and received in the PALACE CHASE office
NLT 19 March 2004.  The HQ AFPC/DPPRSR evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  22
July 2005 for review and response.  As of this date, no  response  has
been received by this office (Exhibit D).
_________________________________________________________________

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.   After  careful  consideration  of  the
circumstances of this case, we are persuaded that  the  applicant  has
been the victim of an  injustice.   In  this  respect,  we  noted  the
applicant’s assertion that the reason he waited until  March  2004  to
submit his paperwork  for  separation  was  due  to  the  guidance  he
received from his  Military  Personnel  Flight  (MPF)  concerning  the
implementation of the FY04 Force Shaping Palace Chase Program and  its
affect on the unearned portion of  his  Selective  Reenlistment  Bonus
(SRB).  We find it hard  to  believe  that,  had  the  applicant  been
informed of the SRB recoupment, he would have made a decision  to  his
detriment.  In view of the foregoing, we believe any doubt  should  be
resolved in  the  applicant’s  favor  and  recommend  his  records  be
corrected to the extent indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that  his  Application  for
Ready Reserve Assignment (AF IMT 1288), submitted under the FY04 Force
Shaping Palace Chase Program, was dated on 11 March 2004, received  at
the Palace Chase Office on or before 18 March 2004,  and  approved  by
competent authority, which relieved the recoupment obligation for  the
unearned portion of his Selective Reenlistment Bonus.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 November 2005, under the provisions of AFI 36-
2603:

                  Mr. James W. Russell III, Panel Chair
                  Ms. LeLoy W. Cottrell, Member
              Ms. Kathleen B. O’Sullivan, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2005-01871.

   Exhibit A.  DD Form 149, dated 31 May 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRSR, dated 18 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Jul 05.




                                   JAMES W. RUSSELL III
                                   Panel Chair



AFBCMR BC-2005-01871




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 APPLICANT be corrected to show that his Application
for Ready Reserve Assignment (AF IMT 1288), submitted under the FY04
Force Shaping Palace Chase Program, was dated on 11 March 2004,
received at the Palace Chase Office on or before 18 March 2004, and
approved by competent authority, which relieved the recoupment
obligation for the unearned portion of his Selective Reenlistment
Bonus.





            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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