RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-03541
                                        INDEX CODE:  128.06
  XXXXXXXXXXXXXXX                       COUNSEL:  NONE

  XXXXXXXXXX                            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  22 May 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Separation Program Designator (SPD)  Code  be  changed  to  a  code  not
requiring him to repay his Selective Enlistment Bonus (SEB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told he would not have to pay back his enlistment bonus.

In support of his application, the applicant submits copies of his  DD  Form
214, Certificate of Release or Discharge from  Active  Duty,  and  a  letter
from  Defense  Finance  and  Accounting  Service  (DFAS).   The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 3 June 2003, the applicant enlisted in the Regular Air Force at  the  age
of 19 in the grade of airman basic for a period of six years.   He  received
an SEB entitlement of $12,000 for enlisting for a period of 72 months  as  a
Fuels Apprentice.  He was progressively promoted  to  the  grade  of  airman
first class (E-3) effective 11 September 2003 with a  date  of  rank  of  18
July 2003.

The applicant was released from active duty on 15  January  2005  under  the
provisions  of  Air  Force   Instruction   (AFI)   36-3208,   Administrative
Separation of  Airmen,  with  an  SPD  Code  of  MND  (miscellaneous/general
reasons), and  an  honorable  characterization  of  service.   The  Military
Personnel  Data  System  (MilPDS)  indicates   the   applicant   voluntarily
submitted a request for separation under the  Limited  Active  Duty  Service
Commitment (LADSC) Waiver Program  and  AFI  36-3208,  paragraph  3.15.   He
served 1 year, 7 months, and 13 days of active duty

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-POCC/DE recommends denial of  the  applicant’s  request.   DFAS-POCC/DE
states the applicant was discharged with an SPD code  of  MND.   Under  this
SPD, the unearned portion of the bonus is to be recouped.   The  applicant’s
debt was validated by the Debt Collection Branch and found to be proper  and
valid.  It is the opinion of DFAS-POCC/DE that based on the evidence;  there
has not been an error  or  injustice.   The  DFAS-POCC/DE  evaluation,  with
attachments, is at Exhibit B.

AFPC/DPPRS  recommends  denial.   DPPRS  states  Military  Personnel  Flight
Memorandum (MPFM) 04-35, states the SPD for individuals being released  from
active duty under the LADSC Waiver Program will be “MND” and  the  narrative
reason for separation will be  “miscellaneous/general  reasons.”   The  MPFM
also gave instructions to the Military Personnel  Flight  (MPF)  to  “Ensure
all applicants applying under the Force Shaping Program sign a Statement  of
Understanding.  The Statement of Understanding stated “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 for a percentage of the  cost  involved  unless
otherwise specified in this MPFM.”

DPPRS states based on the documentation  on  file  in  the  MilPDS  and  the
special order in the master personnel records,  the  applicant’s  separation
was  consistent  with  the  procedural   requirements   of   the   discharge
regulation.  The discharge was  within  the  discretion  of  the  separation
authority.  It is the opinion of DPPRS that the  applicant  did  not  submit
any evidence or identify any errors  or  injustices  that  occurred  in  the
separation processing.  The SPD Code is correct and no corrective action  is
required.  The DPPRS evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  10
February 2006, for review and comment within 30  days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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 probable injustice.  The applicant asserts that he was told  by
his officers that he would not have to repay his  SEB  when  he  voluntarily
submitted a request for separation  under  the  LADSC  Waiver  Program.   We
cannot confirm what information the applicant was  told;  however,  we  note
his records do not contain the MPF “Statement of  Understanding”  signed  by
the applicant indicating that if he voluntarily separated  under  the  Force
Shaping Program, he understood he would have to  repay  any  unearned  bonus
money.  While the evidence indicates his discharge was  in  accordance  with
the applicable instruction, we feel there exists the  possibility  that  the
applicant was miscounseled.  Therefore, it is the Board’s  opinion  that  in
order to provide him fair  and  equitable  relief,  his  records  should  be
corrected as 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 14 January 2005, he
applied for remission of the debt incurred for repayment of his SEB and,
his application was approved by competent authority.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 21 March 2006, under the provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Patrick C. Daugherty, Member
                 Ms. Debra Walker, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2005-03541 was considered:

      Exhibit A.  DD Form 149, dated 30 Oct 05, w/atchs.
      Exhibit B.  Letter, DFAS-POCC/DE, dated 7 Feb 06, w/atchs.
      Exhibit C.  Letter, AFPC/DPPRS, dated 5 Dec 05.
      Exhibit D.  Applicant’s rebuttal, dated 10 Feb 06.




                                                   JAMES W. RUSSELL III
                                                   Panel Chair


AFBCMR BC-2005-03541




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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that on 14
January 2005, he applied for remission of the debt incurred for repayment
of his Selective Enlistment Bonus and, his application was approved by
competent authority.




  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency