RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01051
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show his Separation Program Designator
(SPD) code as one that reflects a separation under the Palace Chase
program instead of “MND”, “Miscellaneous/General Reasons.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
Due to him not being separated via the Palace Chase program, he is
being harassed to repay a bonus he should not need to repay under the
provisions of the Palace Chase program.
In support of his appeal, the applicant has provided copies of his DD
Form 214 and his DD Form 4/2, Enlistment Document, showing he enlisted
in the Kansas Air National Guard (KSANG) for six years effective 16
September 2005.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
He enlisted in the Regular Air Force on 10 December 2002. He was
progressively promoted to the grade of senior airman (SrA) effective
and with a date of rank (DOR) of 10 April 2005. He voluntarily
submitted a request for separation under the Limited Active Duty
Service Commitment (LADSC) Waiver Program in accordance with Air Force
Instruction 36-3208, Administrative Separation of Airmen, for
miscellaneous reasons. His LADSC waiver was approved and he was
separated effective 15 September 2005 with an honorable discharge. He
served 2 years, 9 months, and 6 days on active duty. On 16 September
2005, he enlisted with the KSANG for a period of 6 years.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS contends the Separation
Program Designator (SPD) code for individuals being released from
active duty under the LADSC for miscellaneous reasons was “MND” and
the narrative reason for separation was “Miscellaneous/general
reasons.” DPRRS notes he was separated in accordance with Air Force
Instruction (AFI) 36-3208 for miscellaneous reasons. Additionally,
the applicant signed a Statement of Understanding for Member Applying
for Retirement/Separation Under the Force Shaping Program, indicating
“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.” Based
on the documentation provided and his military record, the separation
was consistent with the procedural and substantive requirements of the
discharge regulation. The discharge was within the discretion of the
separation authority.
DPPRS’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded to the Air Force Advisory by explaining his
options for early separation from the Air Force and how he arrived at
his decision to separate early. His initial desire had been to
transfer to the Army and become commissioned. While in the early
stages of that action, he found out the “Blue to Green” program had
been stopped by the Army. He was told by recruiter’s he should
separate via the Palace Chase program as he would not be required to
repay any unearned portion of bonuses received. He eventually was
separated; however, he was separated under the LADSC force-shaping
program where because he was not required to continue his service in a
Reserve component, but would be held responsible for repaying any
unearned portion of any bonuses he received for his service. He
believes he was miscounselled by recruiters who told him he would not
have to repay any bonus monies he 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. The applicant contends it was his intention to
separate under the Palace Chase Program, but errors made by Air Force
personnel in the processing of his paper work eventually separated him
under the LADSC program. However, the applicant signed a Statement of
Understanding for Member Applying for Retirement/Separation under the
Force Shaping Program and has provided no evidence to support his
allegation the paperwork was in error. The Board notes that airmen
separating under the Palace Chase program incur a service commitment
double that of their remaining active duty commitment. Under Palace
Chase, airmen are held to their commitment of Reserve service or they
are returned to active duty to finish their original tours. Airmen
separating under force shaping programs such as LADSC do not incur a
Reserve service commitment and are under no obligation to join a
Reserve component – thus incurring a debt to the government of any
portion of a bonus they will not have earned by separating early.
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 AFBCMR Docket Number BC-
2006-01051 in Executive Session on 11 July 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Mary C. Puckett, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Mar 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 19 May 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 9 Jun 06.
Exhibit E. Letter, Applicant, dated 1 Jul 06.
THOMAS S. MARKIEWICZ
Chair
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