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AF | BCMR | CY2006 | BC-2006-00780
Original file (BC-2006-00780.doc) Auto-classification: Denied

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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