RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00676
            INDEX CODE:  110.00

            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  2 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from  Active  Duty,  be
corrected as follows:

    a.  Item  11,  Primary  Specialty,  as  reads  “9A000,  Enlisted  Airman
Awaiting Retraining – Disqualified  For  Reasons  Beyond  Their  Control,  3
months.  Applicant believes the time  served  in  AFSC  9A000  is  incorrect
since the Medical Evaluation Board (MEB) status started 6  Feb  03,  not  18
Jan 04.

    b.  Item 11, Primary Specialty, as reads “2A634, Aircraft Fuels  Systems
Apprentice,  22  months”  should  read  “2A634,   Aircraft   Fuels   Systems
Apprentice, 14 months.”

    c.  Item 18, Remarks, as reads “Member has completed first full term  of
service” should read “Member has not completed first term of service.”

    d. His Separation Program Designator (SPD) Code “MND” be  changed  to  a
code not requiring him to reimburse his enlistment bonus.

EXAMINER’S NOTE:  Based on correspondence from AFPC, items (a)  through  (c)
above have been resolved through administrative procedures.  Therefore,  the
only issue for the Board to decide is item (d) above.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 does not accurately reflect the time spent in the Air  Force
Specialty Codes (AFSC) in which he performed while on active duty.

It is unjust to pay back a sign-on bonus from  a  career  he  was  medically
unable to do.  He had an allergic reaction  to  jet  fuel.   This  debt  has
affected his credit making it more difficult to receive loans  for  college.
After separating from the military  he  has  enrolled  at  Western  Illinois
University in the Army ROTC Program.  He would like to  become  an  officer,
but this military debt has caused a financial hardship.

In support of his request, applicant provides a memorandum  for  the  Board,
his DD Form 214, an excerpt from his medical  record,  and  a  statement  of
indebtness from DFAS.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 Dec 01, in  the  grade  of
airman basic, for a period of  six  years,  in  AFSC  2A6X4,  Aircraft  Fuel
Systems.  He served in this AFSC until Dec 03.

On 3 Dec 03, applicant was disqualified from AFSC 2A634  due  to  a  Medical
Evaluation Board (MEB) and was no longer able to perform duties as  a  fuels
systems   repairman.    Subsequent   to   his   disqualification   applicant
voluntarily submitted a request to separate under the  Limited  Active  Duty
Service Commitment (LADSC) Waiver Program under  the  FY  04  Force  Shaping
Program.

Applicant was honorably released from the active duty Air Force  on  18  Jun
04, under the  provisions  of  AFI  36-3208,  Administrative  Separation  of
Airman (miscellaneous/general reasons), and transferred to  the  USAFR.   He
served on active duty for a period of  two  years,  six  months,  and  eight
days.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAC reviewed this application and does not  support  granting  the
specific relief sought by the applicant;  however,  they  do  recommend  the
applicant’s AFSC data, Item 11, DD Form 214, be corrected to reflect  2A634,
Aircraft Fuel Systems Apprentice, 1 year  11  months  vice  2A634,  Aircraft
Fuel Systems Apprentice, 22 months.

Air Force Instruction 36-3202, Separation Documents, 20 May 94, states  that
item 11 of the DD Form 214 will reflect the primary AFSC  code  (PAFSC)  and
all additional AFSCs in which the  member  served  for  one  year  or  more,
during member’s continuous active military service, and for each  AFSC,  the
title with years and months of service.

Upon his enlistment, applicant was classified in AFSCs 2A6X4, Aircraft  Fuel
Systems, and served in this specialty until Dec 03.  According  to  AF  Form
2096,  Classification/On-The-Job   Training   Action,   as   a   result   of
disqualification due to an MEB and no longer being able  to  perform  duties
as a fuels systems repairman, applicant’s AFSC was  changed  from  2A634  to
9A000, Enlisted  Airman  Awaiting  Retraining  –  Disqualified  for  Reasons
Beyond Control, effective 3 Dec  03.   Based  on  Special  Order  A-SE-0199,
dated    22 Mar 04, applicant’s PAFSC was subsequently  changed  from  9A000
to 9A300, Enlisted Airman Awaiting Discharge, Separation, or Retirement  for
Reasons Beyond Their Control.

The DPPAC evaluation is at Exhibit C.

HQ AFPC/DPPRS recommends denial.  The  discharge  was  consistent  with  the
procedural requirements of the  discharge  regulation.   The  discharge  was
within  the  discretion  of  the  discharge  authority.   Additionally,  the
applicant did not submit any evidence or identity any errors  or  injustices
that occurred in the discharge processing.  He provided no facts  warranting
a change to his SPD code.

There is no AF IMT 31,  Airman’s  Request  for  Early  Separation/Separation
Based on Change in Service Obligation,  on  file  in  the  master  personnel
records.   According  to  the  Military  Personnel  Data  System   (MilPDS),
applicant voluntarily submitted a request for separation under  the  Limited
Active Duty Service Commitment  (LADSC)  Waiver  Program  and  AFI  36-3208,
paragraph 3.15 (miscellaneous reasons).

According to the Military Personnel Flight Memorandum (MPFM)     04-25,  the
SPD for individuals being released from active duty under the  LADSC  Waiver
Program   will   be   “MND”   and   the    narrative    reason    will    be
“miscellaneous/general reasons.”  Additionally, individuals separated  under
the LADSC Waiver Program were required to reimburse  any  unearned  portions
of  bonuses  in  accordance  with  existing  AFIs  and  Air  Force   policy.
Applicant should have signed a statement of understanding  acknowledging  he
understood that separating prior to completing the period of active duty  he
agreed to serve would require reimbursement of bonus money received.

The DPPRS evaluation, with attachments is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  27
Apr 07 for review and comment within 30 days.  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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  The applicant is seeking a change  to  his
separation code to be relieved of the  requirement  that  he  reimburse  the
government for the unearned portion  of  the  Initial  Enlistment  Bonus  he
received.  After thoroughly reviewing the evidence of record and noting  the
applicant’s contentions, a majority of the  Board  is  persuaded  relief  is
warranted in this case.   The  Separation  Program  Designation  (SPD)  code
issued in conjunction with his 18 June 2004  release  from  active  duty  is
correct; however, a majority of  the  Board  notes  his  military  personnel
record did not  contain  evidence  indicating  that  he  was  aware  of  the
requirement  to  repay  the  unearned  portion  of  the  bonus   should   he
voluntarily separate.  Additionally, the majority notes that  the  applicant
states that after numerous attempts to find a new  Air  Force  specialty  to
retrain into, he was encouraged by  his  commander  to  separate  to  pursue
becoming an officer and that the applicant is  presently  enrolled  in  Army
ROTC.  Therefore, the majority believes any doubt in  this  case  should  be
resolved in the applicant’s favor and that  the  debt  should  be  remitted.
Therefore, based on the administrative corrections  to  the  applicant’s  DD
Form 214 and  rationale  above,  the  majority  recommends  the  applicant’s
records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force  relating
to APPLICANT, be corrected to show that on 18 June 2004, he applied  for  a
remission of the indebtedness he incurred as a result of the recoupment  of
the unearned portion of his enlistment bonus  he  received  in  conjunction
with his 11 December 2001 enlistment,  and  his  request  was  approved  by
competent authority.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
00676 in Executive Session on 28 June 2007, under the provisions of AFI  36-
2603:

      Ms. B.J. White-Olson, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Patricia R. Collins, Member

By a majority vote, the Board voted to correct the records, as  recommended.
 Ms. White-Olson voted to deny the application, but elected not to submit  a
minority report.  The following documentary evidence  pertaining  to  Docket
Number BC-2007-00676 was considered:

     Exhibit A.  DD Form 149, dated 29 Dec 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAC, undated.
     Exhibit D.  Letter, AFPC/DPPRS, dated 23 Apr 07, w/atchs.
     Exhibit E.  Letter, SAF/MRBR, dated 27 Apr 07.



                                   B.J. WHITE-OLSON
                                   Panel Chair

AFBCMR BC-2007-00676




MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered the recommendation  of  the  Air  Force
Board for Correction of Military Records and under the authority of  Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department  of  the  Air  Force
relating to [APPLICANT], be corrected to show that  on  18  June  2004,  he
applied for a remission of the indebtedness he incurred as a result of  the
recoupment of the unearned portion of  his  enlistment  bonus  received  in
conjunction with his 11 December  2001  enlistment,  and  his  request  was
approved by competent authority.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency