RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00780
INDEX CODE: 128.10
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 16 JUNE 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her indebtedness to the government for repayment of her initial enlistment
bonus (IEB) be voided.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She inquired about her IEB at the time of her separation and was told she
would not have to pay it back.
She was shocked when her entire tax return for 2005 was applied toward this
debt she didn’t realize she had. She did not receive any notice of the
debt during the eight months after her separation from the Air Force. If
she had been notified, she would have been more understanding. She
believes it is unjust to take her entire tax return without any notice.
In support of her appeal, applicant submits a copy of her DD Form 214.
_________________________________________________________________
STATEMENT OF FACTS:
According to information in the Military Personnel Data Sysytem (MilPDS),
the applicant entered active duty in the Air Force on 8 Jul 03. She was
released from active duty on 1 May 05 with a separation code of “MND,”
“Miscellaneous/General Reasons” and given a “3A” Reenlistment Eligibility
Code, “First-Term airman who separates before completing 36 months (60
months for a 6-year enlistee) on current enlistment and who has no known
disqualifying factors or ineligibility conditions except grade, skill
level, and insufficient Total Active Federal Military Service.”
_________________________________________________________________
AIR FORCE EVALUATIONS:
AFPC/DPPAE recommends denial of the applicant’s request. On 8 Jul 03, the
applicant signed and dated an AF Form 3008, Supplement to Enlistment
Agreement—United States Air Force. The form entitled the applicant to a
$4,000 IEB. The applicant initialed in Section IA her understanding that
should she voluntarily or involuntarily not complete the term of obligated
service for which the bonus was paid, or not maintain qualification in the
bonus Air Force Specialty (AFS), she might be required to repay the
unearned portion of the bonus. The applicant voluntarily requested and was
approved for release from the Air Force and, as such, failed to uphold her
contract with the Air Force thereby causing recoupment action to be taken.
DPPAE attaches a copy of AF IMT 100, Request and Authorization For
Separation, and the AF Form 3008. The complete evaluation, with
attachments, is at Exhibit C.
AFPC/DPPRS also recommends denial of the applicant’s request. They note
there is no AF IMT 31, Airman’s Request for Early Separation/Separation
Based on Change in Service Obligation, filed in the applicants master
personnel records. However, they do note that an AF IMT 100 is on file
indicating the applicant was voluntarily separating and had not completed
90 percent of her initial enlistment. The complete evaluation, with
attachments, is at Exhibit D.
HQ AFPC/JA recommends denial of the applicant’s request. JA states the Air
Force Shaping Program provided certain individuals with an opportunity to
voluntarily opt out of their enlistments on the condition that they repay
any bonuses received. Many found this opportunity attractive and chose to
leave the Air Force to pursue other career possibilities in the civilian
sector. Nothing in the information provided by the applicant demonstrates
any impropriety or unfairness meriting the relief she seeks. The
requirement to repay her enlistment bonus was an expressed condition of her
request to leave active duty during the FY 2004 Force Shaping Program. The
complete evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 21
April 2006 for review and comment. 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 an error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded that
the applicant should be given the relief requested. Her contentions are
duly noted; however we found no evidence that the applicant was
miscounseled or that she has been treated any differently than others who
were similarly situated. Therefore, 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. In the absence of
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought.
_________________________________________________________________
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 20 June 2006, under the provisions of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Mary C. Puckett, Panel Member
Ms. Patricia R. Collins, Panel Member
The following documentary evidence was considered in connection with Docket
Number BC-2006-00149:
Exhibit A. DD Form 149, dated 21 Feb 06, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 31 Mar 06, w/atch.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 6 Apr 06, w/atch.
Exhibit E. Letter, HQ AFPC/JA, dated 14 Apr 06.
Exhibit F. Letter, SAF/MRBR, dated 21 Apr 06.
MICHAEL J. MAGLIO
Panel Chair
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