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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