RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03482
INDEX NUMBER: 110.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 14 May 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Separation Code, “KND,” “Miscellaneous/General Reasons,” be
changed to one that will not require him to repay the reenlistment
bonus he received.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for force reduction and it was “explicitly clear” he
was not responsible for paying back his bonus.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 28 Aug 96. On 26 Jul 04, he
submitted a request for early separation requesting he be separated on
10 Jan 05 under the Limited Active Duty Service Commitment (LADSC)
Waiver program and AFI 36-3208, paragraph 3.15 (misc reasons). On 30
Jun 04, the applicant signed a “Statement of Understanding for Member
Applying for Retirement/Separation Under the Force Shaping Program,”
acknowledging the following: “I understand that if I retire or
separate prior to completing the period of active duty I agreed to
serve for receiving education assistance, special pay or bonus money,
I will reimburse the Air Force a percentage of the cost involved
unless otherwise specified in this MPFM.” The applicant’s application
was approved. He was discharged for miscellaneous/general reasons on
10 Jan 05 and given a separation code of “KND.”
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial of the applicant’s request. Based on the
documentation on file in the records, the applicant’s separation was
consistent with the procedural and substantive requirements of the
discharge regulations. They also note that the applicant signed a
statement of understanding indicating that if he retired or separated
prior to completing the period of active duty he agreed to serve for
receiving education assistance, special pay or bonus money, he would
reimburse the Air Force a percentage of the cost involved unless
otherwise specified in the applicable Military Personnel Flight
Memorandum.
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
13 Jan 06 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, we agree 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, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
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 Docket Number BC-2005-
03482 in Executive Session on 22 February 2006, under the provisions
of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. James W. Russell, III, Member
Mr. Richard K. Hartley, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPRS, dated 10 Jan 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 13 Jan 06.
CHARLENE M. BRADLEY
Panel Chair
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