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AF | BCMR | CY2008 | BC-2007-02964
Original file (BC-2007-02964.DOC) Auto-classification: Approved




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02964
            INDEX CODE:  128.10

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The recoupment of her Selective Reenlistment Bonus (SRB) be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Based  on  the  governing  instruction,  recoupment  of  her  SRB   is
inappropriate.

In  support  of  her  appeal,  the  applicant  provides  an   expanded
statement,  an  excerpt  of  AFI  36-2606,  and  an   AF   IMT   2096,
Classification/On-The-Job Training Action.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate she enlisted
in the Regular Air Force on 15 Dec 99 for a period of  four  years  in
the grade of airman basic.

On 16 May 03, she reenlisted for a period of four years and  12 months
and received a Zone A, Multiple 6, SRB for  four  years  of  continued
service.  On 22 Dec 05, she was medically disqualified  from  her  Air
Force Specialty Code (AFSC) and her Control AFSC of 1C15l was  changed
to 9AOOO - Awaiting Retraining Reasons Beyond Control.

Applicant was honorably discharged on 15 Dec 06 under  the  provisions
of AFI 36-3208 (Miscellaneous/General Reasons).  She was credited with
seven years and one day of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial  of  full  relief.   They  indicate  that
airmen must remain technically qualified for effective performance  in
the SRB skill and complete the full term of their  enlistment  in  the
SRB skill.  Recoupment of the unearned portion of the applicant’s  SRB
should not be recouped, as she was removed due to medical reason.  The
applicant was removed  from  her  AFSC  on  16  Mar  06  and  was  not
authorized the 16 May 06 SRB payment.   Therefore,  the  Board  should
deny the applicant’s request not to repay the unearned 16 May  06  SRB
annual payment.   However,  any  other  recoupment  actions  would  be
inappropriate.

A complete copy of the AFPC/DPSOA evaluation, with attachments, is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, with attachments, was forwarded to
applicant on 15 Feb 08 for review and response within 30 days.  As  of
this date, no response has been received by this office (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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error  or  injustice.   Having  carefully  reviewed  this
application, we agree  with  AFPC/DPSOA’s  assessment  that  only  the
unearned portion of the applicant’s SRB pertaining to the  16  May  06
payment should have been  recouped.   Accordingly,  we  recommend  her
records be corrected as set forth 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  14  Dec  06,  she
applied for a remission of her indebtedness of $14.823.35, incurred as
a result of the recoupment of the unearned portion  of  her  Selective
Reenlistment Bonus (SRB), and that her request was partially  approved
in the amount of $8,162.15 by competent authority; and,  that  she  be
reimbursed any monies collected in excess of $6,661.20.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-02964 in Executive Session on 14 May 08, under the provisions  of
AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Patricia R. Collins, Member
      Mr. Steven A. Cantrell, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Sep 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOA, dated 16 Jan 08, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 15 Feb 08.




                                   JAMES W. RUSSELL III
                                   Panel Chair





AFBCMR BC-2007-02964




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 , be corrected to show that on 14 December 2006, she
applied for a remission of her indebtedness of $14.823.35, incurred as
a result of the recoupment of the unearned portion of her Selective
Reenlistment Bonus (SRB), and that her request was partially approved
in the amount of $8,162.15 by competent authority; and, that she be
reimbursed any monies collected in excess of $6,661.20.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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