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AF | BCMR | CY2006 | BC-2006-01971
Original file (BC-2006-01971.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01971
            INDEX CODE:  128.05
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  1 JANUARY 2008
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be relieved from his remaining Initial Enlistment Bonus  (IEB)  debt  and
be reimbursed monies that have already been recouped.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His debt recoupment is unjust because he was led to  believe  he  was  being
separated under the Force shaping program and that he would not have to  pay
back his bonus.  He transferred into Palace  chase  and  is  performing  the
exact Air Force Specialty Code (AFSC) that he performed for  more  than  six
years while on active duty.

No  supporting  documentation  was  submitted.   The  applicant’s   complete
submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 27 Feb 2001, the applicant enlisted  in  the  regular  Air  Force  for  a
period of 6 years in the aircraft armament  systems  career  field  with  an
AFSC of 2W131, entitling him to an IEB in the amount  of  $13,000.   He  was
progressively promoted to the grade of senior  airman  (E-4)  effective  and
with a date of rank of 13 Aug 03.

On 23 Sep 2004, the applicant was  voluntarily  released  from  active  duty
under the provisions of the  PALACE  CHASE  program  to  serve  in  the  Air
National Guard.  He enlisted for a period of  six  years  and  is  currently
serving in the grade of staff sergeant with an AFSC of 2W151.

He served 3 years, 6 months and 27 days in the regular Air Force.

According  to  the  Defense  Finance  and  Accounting  Service  (DFAS),  the
applicant incurred an IEB debt of $5,254.18 upon his separation from  active
duty.  The amount collected to date is $2,638.65 and  the  remaining  amount
owed is $2,616.53.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRSR recommends denial.  DPPRSR states  when  a  member  separates
under the Palace Chase program, they are required  to  re-pay  all  unearned
portions of any bonus.  The applicant applied for  PALACE  CHASE  under  the
Force shaping program but was disapproved on 29 Mar 2004.  He  then  applied
for regular PALACE CHASE on 25 May 04 and was approved on 12 Jul 2004.

DPPPRS’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 29 Sep  2006.   As  of  this  date,  this  office  has
received no response (Exhibit D).

_________________________________________________________________

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.   His  contentions  are
duly  noted;  however  we  found  no  evidence  that   the   applicant   was
miscounseled or that he 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 its 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; however, if the applicant  can  provide  documentation  which
corroborates his claim that he  was  miscounseled,  we  may  reconsider  his
request.

_________________________________________________________________

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  BC-2006-01971  in
Executive Session on 5 December 2006, under the provisions of AFI 36-2603:

      Mr. Michael V. Barbino, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Glenda H. Scheiner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRSR, 1 Sep 06
    Exhibit D.  Letter, SAF/MRBR, dated 29 Sep 06.




                                   MICHAEL V. BARBINO
                                   Panel Chair

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