RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02363
            INDEX NUMBER:  128.05
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  25 Jan 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

The  requirement  for  him  to  repay  the  unearned  portion  of  the
enlistment bonus he received be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Before he made the decision to apply for separation under  the  “Force
Reshaping Program,”  he  asked  the  representative  at  the  military
personnel flight (MPF) on several occasions if he would have to  repay
a part of his bonus.  He was never  given  a  conclusive  answer,  but
based on their positivity felt he  did  not  have  anything  to  worry
about.  He believed he was further justified in believing repayment of
the bonus would not be a problem when nothing was  deducted  from  his
final check and nothing about his bonus was  mentioned  at  his  final
separation meeting.  It was six months later when he  learned  he  was
expected to repay  $2,725.79.   He  does  not  believe  he  should  be
penalized because of a program the  Government  encouraged  people  to
take part in, especially if they are not going to be  told  everything
upfront.

The applicant discusses problems and frustration  he  had  during  his
time in the Air Force and how he ended up in an assignment he was  not
happy with.  He saw the “Force Shaping” program as the only way to get
out of the assignment.  If he had known some of  the  things  when  he
made his decision to separate from the Air  Force  he  knows  now,  he
probably would have not made the  decision  to  separate.   He  didn’t
really want out of the Air Force, only the assignment he was in.

He feels he has already given above and  beyond  for  his  country  by
serving the last three years in the Air Force.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 4 Dec 01 for  a  period  of
six years and received an initial enlistment bonus of $6,000.00.   The
applicant initialed acknowledgement  on  the  AF  Form  3008  that  he
understood that should he voluntarily or  involuntarily  not  complete
the term of obligated service for which the bonus was paid, or  failed
to maintain qualification in the bonus Air Force Specialty,  he  might
be required to repay the unearned portion of the bonus.  The applicant
applied for separation from the Air Force under the  Air  Force  Force
Shaping Program.  In connection with his  application,  the  applicant
signed  a  “statement  of  understanding,”  attachment   12   to   his
application, which stated he understood that  should  he  separate  or
retire before completing the period of active duty he agreed to serve,
he would reimburse the Air Force for a percentage of the cost involved
unless otherwise specified in the Military Personnel Flight Memorandum
(MPFM) covering the program.  The applicant was released from  service
on  15  Jan  05  for  miscellaneous/general  reasons.   According   to
information provided  by  the  applicant,  he  has  been  notified  of
indebtedness  to  the  Government  in  the  amount  of  $2,725.79  for
repayment of the unearned portion of his enlistment bonus.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPR  recommends  denial  of  the   applicant’s   request.    The
separations processing section verified  the  applicant’s  application
under the Force Shaping program and that he signed a copy of MPFM  04-
25, Attachment 12, “Statement  of  Understanding.”    By  signing  the
statement, the applicant acknowledged that any unearned portion of the
bonus he received was to be recouped.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
Sep 05 for review and comment within 30 days.  To date, a response has
not been received.

_________________________________________________________________

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, the majority of the Board agrees  with  the  opinion
and  recommendation  of   the   Air   Force   office   of   primary
responsibility and  adopt  its  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of  an  error
or injustice.   Therefore,  in  the  absence  of  evidence  to  the
contrary, the majority of the Board finds no  compelling  basis  to
recommend granting the relief sought in this application.

___________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient  evidence  of  error  or
injustice and recommends the application be denied.

___________________________________________________________________

The following members of the Board considered Docket Number BC-2005-
02363 in Executive Session on 19 October 2005, under the provisions
of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Ms. Barbara R. Murray, Member

By a majority vote, the Board voted to  deny  applicant’s  request.
Mr. Peterson voted to grant the applicant’s requests  but  did  not
desire to submit a  minority  report.   The  following  documentary
evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPR, dated 7 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Sep 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                  FOR CORRECTION OF MILITARY RECORDS
(AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency