RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02862
            INDEX CODE:  128.10

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is a victim of an injustice and should not be  faulted  because  of
the misguidance of those who were acting on behalf of the  Air  Force.
Had he received accurate information,  he  would  not  have  made  the
decision that resulted in his indebtedness to the government.

In support of his appeal, the applicant provides expanded  statements,
documentation  pertaining  to   his   indebtedness,   previous   Board
decisions, and  other  documents  associated  with  the  matter  under
review.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 Aug 00 for  a  period
of four years.  He was released from active duty on 31  Aug  07  under
the provisions of AFI 36-3208 (Miscellaneous/General Reasons)  in  the
grade of staff sergeant, with  a  separation  code  of  MND.   He  was
credited with 7 years, 4 months, and 26 days of active service.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force, which are attached at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial noting the applicant reenlisted on 17 Apr
03 for a period of four years and 17 months.  He was paid  a  Zone  A,
Multiple 5.5 SRB for four years of continued  service.   According  to
the available documentation, he appealed his indebtedness of $9,566.22
determined by the  Defense  Finance  and  Accounting  Service  (DFAS).
According to the DFAS records, $1,626.96 of the debt was waived and is
no longer an issue, but DFAS determined the remaining $7,939.96  could
not be waived because  the  debt  did  not  arise  from  an  erroneous
payment.  According to AFPC/DPSOA, they find no  evidence  of  a  zero
debt.  The applicant was well aware that he was paid a bonus for  four
years  of  continued  service,  which  he  voluntarily  opted  not  to
complete.

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

AFPC/JA recommends denial noting the  applicant  separated  under  the
Fiscal Year 2007 (FY07) Force  Shaping  Limited  Active  Duty  Service
Commitment (LADSC) Waiver Program.   He  purports  he  separated  only
after receiving information from finance personnel that he  would  not
incur a debt.

According to AFPC/JA, a member who  does  not  complete  the  term  of
enlistment for which a bonus was paid shall be  subject  to  repayment
provisions.  Except in circumstances authorized by  the  Secretary  of
the Air Force, an Air Force member who  receives  a  bonus  and  whose
receipt of the bonus is subject  to  the  condition  that  the  member
satisfy a period of enlistment shall repay to  the  United  States  an
amount equal to the unearned portion of the bonus or  similar  benefit
if the member fails to satisfy the requirements.  In  this  case,  the
bonus paid to the applicant was authorized under 37 USC 308,  and  the
LADSC Waiver Program did not provide for the waiver of a  reenlistment
bonus.  Thus, the applicant is subject  to  the  repayment  provisions
because he did not serve his entire enlistment.   In  AFPC/JA’s  view,
the recoupment action was done in accordance with the law and no error
or injustice has been established warranting any relief.

A complete copy of the AFPC/JA evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  24
Oct 08 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit E).

_________________________________________________________________

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.   The  applicant's  complete
submission was thoroughly reviewed,  and  his  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documentation  presented  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force offices
of primary responsibility (OPRs).  The evidence  of  record  indicates
the applicant requested early separation under the Force Shaping LADSC
Program.   He  was  subsequently  released  from   active   duty   for
miscellaneous/general reasons  and  assigned  an  SPD  code  requiring
recoupment of the unearned portion of his reenlistment bonus.  We find
no evidence which would lead us to believe  that  his  separation  was
improper or contrary to the governing directive  under  which  it  was
effected.  Further, no evidence has been presented which persuades  us
that he was improperly advised regarding the recoupment of his  bonus,
or that he was treated differently from others similarly situated.  In
view of the foregoing, and in the absence of  sufficient  evidence  to
the contrary, we conclude that the applicant has failed to sustain his
burden of establishing that he has suffered  either  an  error  or  an
injustice.  Accordingly, we find  no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 Docket Number BC-
2008-02862 in Executive Session on 16 Dec 08, under the provisions  of
AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Alan A. Blomgren, Member
      Mr. Elwood C. Lewis III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jul 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, dated 11 Aug 08, w/atchs.
    Exhibit D.  Letter, AFPC/JA, dated 9 Oct 08.
    Exhibit E.  Letter, SAF/MRBR, dated 24 Oct 08.




                                   CHARLENE M. BRADLEY
                                   Panel Chair