RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00055
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 9 Jul 07
________________________________________________________________
APPLICANT REQUESTS THAT:
Her Separation Program Designator (SPD) code be changed to a code that does
not require repayment of the unearned portion of her Selective Reenlistment
Bonus (SRB)
________________________________________________________________
APPLICANT CONTENDS THAT:
She is forcefully being separated due to pregnancy and has to pay back part
of her SRB. She was unaware of the requirement to pay back her SRB and
doing so will cause a financial burden.
In support of her request applicant provided a copy of her SRB recoupment
worksheet. Her complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted her initial enlistment in the Regular Air Force on 31
Jan 01. She has been progressively promoted to the grade of senior airman,
having assumed that grade effective and with a date of rank of 31 Jan 04.
On 20 Feb 04, she reenlisted in the Air Force for a period of 5 years and
11 months and was authorized an SRB Zone A, Multiple 2 for 5 years of
continued service. On 6 Dec 05, she voluntarily requested and was approved
for release from active duty on 20 Feb 06. She was assigned SPD code KDF
which denotes "Pregnancy or Childbirth."
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states applicant is not being forced
to separate. She voluntarily submitted a request for separation to be
effective 20 Feb 06. When she reenlisted on 20 Feb 04 she signed an AF
Form 901 acknowledging and agreeing to the following: "I have been advised
of, understand and agree to the conditions which may (1) terminate my
continued entitlement to unpaid bonus installments and (2) cause a portion
of advance bonus payments to be recouped or terminated. In the event any
administrative action is initiated by me or the Air Force that could result
in the need to recoup bonus payments, I consent to the withholding from
current pay, final pay, or any other money due me to satisfy this
anticipation of the indebtedness for the unearned portion of my
reenlistment bonus. I further consent to such withholding at a rate
sufficient to satisfy this final pay, or other money due me. Such held pay
shall be paid to me if it is later determined that recoupment is not
required."
The DPPRS evaluation is at Exhibit C.
AFPC/DPPAE recommends denial. DPPAE states she voluntarily did not
complete the term of her enlistment, therefore SRB recoupment is mandatory.
The Air Force is not forcefully separating her from service; she
voluntarily requested release.
The DPPAE evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 27
Jan 06 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. 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 opinions and recommendations of the Air Force offices of primary
responsibility and adopt their 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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket Number BC-2006-
00055 in Executive Session on 16 Mar 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. LeLoy Cottrell, Member
Mr. Frederick R. Beaman III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Dec 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 11 Jan 06, w/atchs.
Exhibit D. Letter, AFPC/DPPAE, dated 12 Jan 06.
Exhibit E. Letter, SAF/MRBR, dated 27 Jan 06.
THOMAS S. MARKIEWICZ
Chair
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