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AF | BCMR | CY2006 | BC-2005-02958
Original file (BC-2005-02958.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02958
            INDEX CODE:  128.10
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  28 JANUARY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be relieved from her Selective Reenlistment Bonus (SRB) debt.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was told by the military pay office and the separations office that  she
would not have to pay back any of her SRB bonus due to the  amount  of  time
she served during her enlistment.  She separated due to pregnancy.   If  she
knew about the debt she would have separated closer to her due date  or  not
at all.  She also entered Palace Front and had no break in service.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 9 October 1996, the applicant enlisted in the Regular Air  Force  at  the
age of 18 in the grade of airman basic (E-1) for  a  period  of  six  years.
She was progressively promoted to the grade of staff sergeant effective  and
with a date of rank of 1 July 2001.

On 10 May 2000, the applicant reenlisted in the  Regular  Air  Force  for  a
period of six years in the (3P051) Security Forces  career  field  entitling
her to an SRB in the amount of $23,285.85.   On  20 January  2005,  she  was
voluntarily released from active duty under the provisions  of  AFI  36-3208
for pregnancy or childbirth.  On 21 January 2005, she enlisted  in  the  Air
Force Reserve PALACE FRONT program for one year.  She incurred  a  debt  for
SRB recoupment in the amount of $3,104.76 for the unserved  portion  of  her
active duty reenlistment.  As of 8 March 2006, she owes $2,112.79.


The applicant served several voluntarily tours of  EAD  while  serving  with
the Air Force Reserve.  Her projected  date  of  separation  is  20  January
2008.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends the applicant’s request be denied.  DPPAE  explains
SRB recoupment is mandatory when an Airman  voluntarily  does  not  complete
the  term  of  enlistment,  reenlistment,  or  extension.   Defense  Finance
Accounting System (DFAS) uses the  Airman’s  separation  program  designator
(SPD) code to determine recoupment.  DPPAE notes the applicant  had  an  SPD
code of “KDF” which determined recoupment of any bonus money (Exhibit C).

HQ AFPC/DPPRS recommends denial.  DPPRS states based  on  the  documentation
on file in the master personnel records and the applicant’s  own  admission;
she voluntarily separated due to pregnancy.  DPPRS  affirms  the  separation
was consistent with the  procedural  and  substantive  requirements  of  the
discharge regulation and within the discretion of the separation  authority.
 DPPRS notes, other than her own contentions, the applicant did  not  submit
any evidence that an injustice occurred.  DPPRS  concludes  the  applicant’s
SPD code is correct (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment on 21 October 2005.  As of this  date,  this  office  has
received no response (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 warranting  partial  relief.   Although  we  found
nothing administratively incorrect in her records, we believe the  applicant
was miscounselled on the SRB recoupment policy and the benefit of any  doubt
should  be  resolved  in  her  favor  by  partially  granting  her  request.
Therefore, we recommend she  be  relieved  of  repayment  of  the  remaining
balance of her Selective Reenlistment Bonus as of 8 March 2006.  In view  of
these findings, we recommend applicant’s 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 on 19 January 2005, she  applied  for
remission of  $2,112.79  of  the  debt  established  for  repayment  of  her
Selective Reenlistment Bonus and her application was approved  by  competent
authority.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 30 March 2006, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Patricia R. Collins, Member
              Mr. Grover L. Dunn, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket  Number
BC-2005-02958.

   Exhibit A.  DD Form 149, dated 19 Sep 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 11 Oct 05.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 18 Oct 05.
   Exhibit E.  Letter, SAF/MRBR, dated 21 Oct 05.




                                   RICHARD A. PETERSON
                                   Panel Chair


AFBCMR BC-2005-02958




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 on 19 January
2005, she applied for remission of $2,112.79 of the debt established
for repayment of her Selective Reenlistment Bonus and her application
was approved by competent authority.





            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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