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AF | BCMR | CY2008 | BC-2008-00416
Original file (BC-2008-00416.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-00416
                                             INDEX CODE:  110.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Separation Code (SPD) of “MGQ” be changed to one that is accurate.

________________________________________________________________

APPLICANT CONTENDS THAT:

When he was separated under the provisions of the PALACE CHASE  Program,  he
made sure he would  not  have  to  pay-back  any  portion  of  his  unearned
reenlistment bonus.  He is now being pursued by the  Defense  Financing  and
Accounting Service (DFAS) for repayment.

In support of his appeal, he has provided a copy of his DD Form 214.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant initially enlisted in the Regular Air Force on  1 March  2000.
He subsequently reenlisted,  was  granted  a  reenlistment  bonus,  and  was
honorably released from active duty  under  the  provisions  of  the  PALACE
CHASE  Program  on  30  August  2007.   He  was  given  an  SPD   of   “MGQ”
(Intradepartmental Transfer (USAFR) (PALACE CHASE)).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial as the SPD of “MGQ” is  appropriate  for  those
service members  who  have  not  completed  the  required  Military  Service
Obligation of eight years.

On 4 May 2007, the applicant  voluntarily  applied  to  separate  under  the
provisions of the PALACE CHASE  Program,  and,  on  that  date  and  in  the
presence of witnesses, he voluntarily signed an AF Form 2631,  PALACE  CHASE
Statement of Understanding/Contract, and initialed  item  1g  of  this  form
which states, in part, “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…”  Additionally, Air Force  Instruction  36-3205,  paragraphs  1.1.1.1.
and 1.4.26, states members must repay any unearned portion of an  enlistment
or reenlistment bonus.

The AFPC/DPSOS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  14
March 2008, for review and comment, within 30 days.   However,  as  of  this
date, no response has been received by this office.

________________________________________________________________

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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  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.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

________________________________________________________________

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  Docket  Number  BC-2008-00416
in Executive Session on 14 May 2008, under the provisions of AFI 36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Dec 07, w/atch.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOS, dated 20 Feb 08.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Mar 08.




                                   JAMES W. RUSSELL, III
                                   Panel Chair

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