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AF | BCMR | CY2006 | BC-2005-02095A
Original file (BC-2005-02095A.doc) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02095

      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED: Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be relieved of the obligation to repay the  unearned  portion  of  the
Selective Reenlistment Bonus (SRB) she received.

__________________________________________________________________

RESUME OF CASE:

On 30 Aug 05, the AFBCMR considered  and  denied  the  requests  from  the
applicant as stated above (Exhibit F).  In a new DD Form 149 (Exhibit  G),
the applicant again requests she be relieved of the  obligation  to  repay
her SRB.  She states she has located an individual who can corroborate her
claim they were involuntarily discharged, but did not have  to  repay  the
SRB they received.   She  has  attached  a  memorandum  prepared  by  this
individual.

__________________________________________________________________

AIR FORCE EVALUATIONS:

Pursuant to the Board’s request, AFPC/DPPRS provided an  information  only
evaluation of the applicant’s request for reconsideration of her case.

They note the requirements for an individual to  be  eligible  to  receive
separation pay.  A key requirement is that the member must not separate at
his/her own request.

AFPC/DPPRS also attaches a copy of the handout on the Air Force FY04 Force
Shaping Program, which the applicant separated under.

The complete advisory, with attachment, is at Exhibit H.

AFPC/JA also  provided  an  evaluation  of  the  applicant’s  request  for
reconsideration.  They recommend  the  requested  relief  be  denied.   In
analyzing the applicant’s assertion she is the victim of an injustice they
note  two  essential  considerations.    First,   the   applicant   signed
acknowledgement that she would be required to repay her reenlistment bonus
in return for seeking voluntary discharge.  This refutes any claim she was
surprised or misled when collection efforts were initiated.  Secondly, the
applicant’s contention that three other individuals who were involuntarily
separated under this program were not required to repay their  bonuses  is
immaterial to her situation.  Of the three former airmen  she  names,  she
provides information on only one.  AFPC/JA notes that this individual fell
under the Date of Separation (DOS)  Rollback  Program.   Contrary  to  the
applicant’s assertion in her initial application, this  program  does  not
reward recalcitrant airmen as the applicant suggests.   These  airmen,  as
well as some in other categories, received a Separation Program Designator
(SPD) code assigned by the Department of Defense, not the Air Force,  that
did not require the recoupment of  reenlistment  bonuses  because  of  the
involuntary nature of the separations  directed  under  the  DOS  Rollback
Program.

The fundamental difference between the applicant’s case and the individual
she has provided a  letter  from  is  that  she  retained  the  option  of
remaining in the Air Force and he did  not.   Achieving  the  Air  Force’s
force shaping goals was not feasible solely through voluntary separations.
 It thus became necessary to remove other  enlisted  members  from  active
duty by involuntary means.  The DOS Rollback Program was one such  process
employed to achieve  that  end.   The  philosophy  behind  excusing  bonus
recoupment, and even providing separation pay in some cases, is  that  the
Air Force unilaterally rescinded their enlistment  contracts  long  before
their previously agreed upon dates of separation.

AFPC/JA further notes that the applicant’s contention the  individual  she
has provided the supporting letter from was removed from active  duty  for
misconduct is simply not correct.   That  individual  was  not  discharged
under the direction of AFI 36-3208, Administrative Separation  of  Airmen,
Chapter 5, Section H.  He and  others  qualifying  for  the  DOS  Rollback
Program were separated under AFI 36-3208, Para. 2.17.  If this  individual
had been administratively discharged under the process in  Section  H,  he
would not have been excused from his reenlistment bonus debt.

The complete evaluation is at Exhibit I.

__________________________________________________________________

APPLICANT’S RESPONSE TO ADDITIONAL AIR FORCE EVALUATION:

In her response to the Air Force evaluation, the applicant reiterates  her
views regarding the rules that  require  her  to  repay  her  bonus  while
individuals with blemished service records do not.

The applicant’s complete response is at Exhibit K.

__________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has again not been presented to demonstrate
the existence of an error or injustice.  After reviewing  the  applicant’s
complete submission  as  well  as  her  rebuttal  to  the  new  Air  Force
evaluations, we agree with the opinions and  recommendations  of  the  Air
Force offices of primary responsibility and adopt their rationale  as  the
basis for our determination the applicant has not been the  victim  of  an
error or  injustice.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief the
applicant is seeking.  Therefore, it is our recommendation the applicant’s
request again be denied.

_________________________________________________________________

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  this  application  in
Executive Session on 7 June 2006, under the provisions of AFI 36-2603:

      Ms. B J White-Olson, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Patrick C. Daugherty, Member

The following additional documentary evidence was considered:

    Exhibit F.  Record of Proceeding, w/atchs, dated 17 Aug 04.
    Exhibit G.  DD Form 149, dated 3 Mar 06, w/atch.
    Exhibit H.  Memorandum, AFPC/DPPRS, dated 23 Mar 06, w/atch.
    Exhibit I.  Memorandum, AFPC/JA, dated 31 Mar 06.
    Exhibit J.  Letter, SAF/MRBR, dated 7 Apr 06.
    Exhibit K.  Letter, Applicant, dated 5 May 06.




                                   B J WHITE-OLSON
                                   Panel Chair

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