RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01898
                                       INDEX CODE:  128.05
      BRIAN J. HIPOL                    COUNSEL: NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 December 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Recoupment of his unearned Selective Reenlistment Bonus (SRB) be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He separated under the Force Shaping Program and has since enlisted  in  the
Air Force Reserve (AFRES).  He feels his  enlistment  in  the  AFRES  should
cease recoupment of his unearned SRB.

In support of his application, the applicant submits a  personal  statement,
Defense Finance and Accounting Service recoupment letter  with  attachments,
and a copy of his  AFRES  enlistment  contract.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 20 December 1996, the applicant enlisted in the Regular Air Force at  the
age of 23 in the grade of airman basic (E-1) for a  period  of  four  years.
He  was  progressively  promoted  to  the  grade  of  staff  sergeant  (E-5)
effective and with a date of rank of 1 February 2002.

On 16 September 2002, the applicant reenlisted in the Regular Air Force  for
a  period  of  four  years  and  one  month  in  the  3C0X1   career   field
(Communications-Computer Systems Operations) entitling  him  to  a  Zone  A,
Multiple 6, SRB for four  years  of  continued  service  in  the  amount  of
$43,884.00.  His established expiration of term of service (ETS)  became  15
October 2006.  On 7 July 2005, he was voluntarily released from active  duty
under the  provisions  of  the  Force  Shaping  Program  with  an  honorable
discharge.  He served 8 years, 1 month, and 10 days on active duty.

Since the applicant separated before completing the time  agreed  to  serve,
recoupment was established in the amount  of  $6,643.55,  for  the  unearned
portion of the bonus he was  paid.   A  portion  of  the  applicant’s  final
payment upon separation  in  the  amount  of  $423.23  was  applied  to  the
recoupment, resulting in a remaining debt balance of $6,220.32.

On 17 May 2006, the applicant enlisted in the AFRES for a  period  of  three
years in the grade of airman first class (E-3) establishing  an  ETS  of  16
May 2009.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the applicant’s request be denied.  DPPAE  states  the
applicant voluntarily did not complete his term  of  enlistment;  therefore,
SRB recoupment is mandatory.  Only  enlisted  members  in  the  Regular  Air
Force qualify for SRBs.  On 10 September  2002,  the  applicant  signed  and
dated an Air Force Form 901, Reenlistment Eligibility Annex to  DD  Form  4,
which authorized the SRB.  The AF Form 901  clearly  states  that  “…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 indebt ness for the unearned portion of  my
reenlistment bonus.”  Additionally, United States  Code  Title  37  and  Air
Force Instruction 36-2606, Reenlistment in the USAF, states  that  a  member
who voluntarily does not complete the term of enlistment for which  a  bonus
was paid shall refund a percentage of the bonus.

The AFPC/DPPAE evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is hoping the Board will look at his case as similar to  a  PALACE  CHASE
assignment, in that he had one year and six months left on his  active  duty
enlistment and he exchanged that for three years of  AFRES  service  in  the
same career field.

The applicant’s rebuttal is at Exhibit E.

_________________________________________________________________

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.   The  applicant  requests  recoupment
action of the unearned portion of his  SRB  be  terminated  because  he  has
continued to serve in the same career  field  while  in  the  Reserves.   We
note, however, the applicant voluntarily terminated his term  of  enlistment
that entitled him to the SRB; therefore, SRB termination and recoupment  are
mandatory.  We find no evidence the applicant was miscounseled  or  that  he
was  treated  any  differently  from  other  similarly   situated   members.
Therefore, we agree with the opinion and recommendation  of  the  Air  Force
office 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.   Accordingly,  the  applicant’s   request   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 this application in  Executive
Session on 28 September 2006, under the provisions of AFI 36-2603:

                 Mr. James W. Russell, III, Panel Chair
                 Mr. Alan A. Blomgren, Member
                 Mr. Grover L. Dunn, Member


The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-01898:

      Exhibit A.  DD Form 149, dated 30 May 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPAE, dated 29 Jun 06, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 14 Jul 06.
      Exhibit E.  Applicant's Rebuttal, dated 23 Jul 06.




                                  JAMES W. RUSSELL, III
                                                   Panel Chair


AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD  20762-7002


SSgt Brian J. Hipol, USAFR
124 Mayfair Lane
Boynton Beach, FL 33426

Dear Sergeant Hipol

      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2006-01898.

      After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of material error or injustice.  Accordingly, the Board
denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence, a
further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR




                                  ALGIE WALKER, JR.
                                   Chief Examiner
                                  Air Force Board for Correction
                                  of Military Records

Attachments:
    1. Record of Board Proceedings
    2. AFBCMR Customer Survey


                       AIR FORCE BOARD FOR CORRECTION
                             OF MILITARY RECORDS

                   CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF                              DOCKET NO:

BRIAN J. HIPOL                                BC-2006-01898


ROUTE IN TURN    INITIALS  DATE

1.  CHIEF EXAMINER     ________  ________
    (Coord/Signature)

2.  EXECUTIVE DIRECTOR ________  ________
    (Coordination)

3.  EXAMINER (FOR DISPATCH)  ________  ________

4.  Mr. James W. Russell, III_    ________  ________
    PANEL CHAIR
    (Signature on Proceedings)

5.  AFBCMR (Processing)




                                   WILLIAM E. BRAKE
                                   Examiner
                                   Air Force Board for Correction
                                   of Military Records