RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-04029
            INDEX CODE: 128.14
      XXXXXXX                     COUNSEL:  NONE
                                  HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  The recoupment action of his $11,581.56,  Selective  Reenlistment  Bonus
(SRB) be waived.

2.  He be reimbursed for his final net pay of $3731.93 that was  applied  to
the debt.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His unit closed and he was given the  option  to  apply  for  Palace  Chase,
cross train into another airframe,  or  retrain  into  a  non-flying  career
field.  He chose Palace Chase and despite the fact  the  application  stated
he may be required to pay back the SRB, the Military Personnel Flight  (MPF)
stated it would be waived.  He  spoke  with  AFPC  several  times  prior  to
applying for Palace Chase concerning his  retraining/SRB  options.   He  was
ensured his SRB would be waived  in  accordance  with  AFI  36-2626,  Airman
Retraining Program  table 3.1, rule 6, note 9, which covers  unit  closures.
He separated 9 August  2007.   On  15 August  2007  he  did  not  receive  a
paycheck or money for the 39  1/2  days  of  leave  he  sold.   The  Defense
Accounting System (DFAS) put a hold on his pay because  he  owed  money  for
the SRB.  After several phone calls, DFAS indicated his  separation  program
designator (SPD) code needed changing; otherwise,  there  was  nothing  they
could do.

In support of his request  the  applicant  provided  a  personal  statement,
excerpts from AFI 36-2626 and e-mail communiqués.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 3 March 1999, the applicant enlisted in the Air Force for six  years  and
as a security forces specialist and was  guaranteed  an  initial  enlistment
bonus of $4000.00.

On XXX 2005, he reenlisted and received a zone A SRB multiple 2.

Applicant was released from active duty on 9 August 2007, in  the  grade  of
staff sergeant, under the Palace Chase program,  to  serve  in  the  Reserve
component and he received a separation program  designation  code  of  "KGQ"
which denotes the bonus is  recouped  unless  the  applicant  was  separated
under Force Shaping.

Because he was not separated under Force Shaping, a debt of  $11,581.56  was
established.

His net pay of $3731.93 was applied to this debt.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS states the AF Form 2631,  Palace  Chase
Statement of Understanding/Contract, item 1g, states "If I have been paid  a
bonus, I will be required to repay the unearned portion of the  bonus  prior
to my separation from active  duty."   The  applicant  initialed  the  block
along with the rest of the form and signed it in the presence of a  witness.
 AFI 36-3205, Applying for the  Palace  Chase  and  Palace  Front  Programs,
clearly states the member must repay any unearned portion of  an  enlistment
or reenlistment bonus.

The complete DPSOS evaluation is at Exhibit B.

DFAS-JECC/DE recommends denial.  DE states the  applicant  is  requesting  a
waiver of the SRB recoupment debt in the amount of $11,581.56.  He  is  also
requesting he be reimbursed  his  final  net  pay  of  $3731.93,  which  was
applied to his debt.  The SRB debt was  established  due  to  the  SPD  code
assigned upon separation.  The master military pay account (MMPA)  shows  he
separated with a SPD code  of  KGQ  which  indicates  the  bonus  is  to  be
recouped unless  he  separated  under  Force  Shaping.   Since  he  did  not
separate under Force Shaping, the debt is valid.

The complete DE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  22
February 2008 for review and comment within 30 days.  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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice warranting corrective action.   In  this  respect,
as a result of an impending unit closure, the  applicant  was  provided  the
option to select retraining or Palace Chase.   After  seeking  counsel  from
the MPF and HQ AFPC, he chose Palace Chase.  He made his  decision  in  good
faith, based upon guidance he  received,  which  led  him  to  believe  that
because he was involved in a unit closure, recoupment of his  SRB  would  be
waived.  Accordingly, it is our opinion that the applicant  has  established
reasonable doubt as to whether or not he was properly counseled, and  it  is
our belief that any doubt in this matter should be resolved  in  his  favor.
In view of the above, we recommend his records  be  corrected  as  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on  9 August 2007,  he  applied  for
remission of the debt arising from the unearned  portion  of  the  Selective
Reenlistment Bonus  he  received  in  conjunction  with  his  3  March  1999
enlistment, and his request was approved by competent authority.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
04029 in Executive Session on 27 March 2008, under the provisions of AFI 36-
2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Mr. Anthony P. Reardon, Member
                 Ms. Jan Mulligan, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence pertaining to AFBCMR Docket  Number  BC-2007-04029  was
considered:

    Exhibit A.  DD Form 149, dated 6 December 2007, w/atchs.
    Exhibit B.  Letter, AFPC/DPSOS, dated 19 December 2007.
    Exhibit C.  Letter, DFAS-JECC/DE, dated 1 February 2008.
    Exhibit D.  Letter, SAF/MRBR, dated 22 February 2008.




                                        GREGORY A. PARKER
                                        Panel Chair
                                 Air Force Board for Correction



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Office of the Assistant Secretary



AFBCMR BC-2007-04029




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 XXXXXXX, XXXXXXX, be corrected to show that on 9 August 2007,
he applied for remission of the debt arising from the unearned portion of
the Selective Reenlistment Bonus he received in conjunction with his 3
March 1999 enlistment, and his request was approved by competent authority.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


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