RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02885
            INDEX CODE:  128.05

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

The  recoupment  of  the  unearned   portion   of   her   Selective
Reenlistment Bonus (SRB) ($7583) be waived.

___________________________________________________________________

APPLICANT CONTENDS THAT:

She was told when she reenlisted  that  she  would  receive  $7500;
however, she only received $4000 on 29 Apr 03.  At the  commander’s
call, when she agreed to take part in the  force  shaping  program,
she was not informed that there would be a penalty for  doing  what
her country was asking her to do.

If she would have been told that  she  would  have  to  refund  the
amount of money she received, plus the amount she did not  receive,
with interest and administrative fees, she  would  never  had  gone
along with this request.  She gave six years of  honorable  service
to her country and only cooperated with the  option  offered  under
force shaping program to help her country out.

She was  not  aware  of  the  indebtedness  until  her  taxes  were
garnished in the summer of 2007.

In  support  of  her  appeal,  the  applicant  submits  a  personal
statement.

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

___________________________________________________________________

STATEMENT OF FACTS:

On 31 Mar 99, the applicant enlisted in the Regular Air Force.   On
29 Apr 03, she reenlisted for a period of four years and 11 months,
and was paid a Zone A, Multiple 2.5 SRB,  for  4  years.   She  was
authorized a  total  SRB  of  $17,492.99  of  which  she  was  paid
$14,577.49, in installments.

On 15 Jun 05, she was honorably released from active duty under the
provisions  of  AFI  36-3208.   She  was  credited  with  6  years,
2 months, and 15 days of active duty service.  On 10  Mar  07,  she
was honorably discharged from  the  Air  Force  Reserve  under  the
provisions of AFI 36-3209.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS reviewed this application and recommends denial.

The applicant requested a  voluntary  separation  to  be  effective
15 Jun 05 under Military Personnel Flight Memorandum (MPFM)  04-35,
Air Force Shaping Program, Phase II, specifically under the Limited
Active Duty Service Commitment (LADSC) Waiver Program.   The  LADSC
Waiver Program, allows  enlisted  personnel  to  either  retire  or
separate  prior  to  completing  specified  active   duty   service
commitments (ADSCs) or service commitments inclusive of normal date
of separation (DOS)/expiration term of service  (ETS).   Attachment
2,  states  “Personnel  who  separate  will   do   so   under   the
miscellaneous provisions of AFI 36-3208, Administrative  Separation
of Airmen, para 3.15.

The implementation guidance was posted on the HQ AFPC  website  and
clearly indicated at attachment 2 that recoupment of  the  unearned
portion of bonuses were required under the LADSC Waiver Program  in
accordance with (IAW) existing  AFIs  and  Air  Force  policy.   In
addition, attachment 12, item 6, of the MPFM again  reiterates  the
requirement for recoupment of any educational  assistance,  special
pay or bonus money owed the government.

The applicant’s DD Form 214, Certificate of  Release  or  Discharge
from Active Duty, incorrectly reflects the  applicant’s  separation
code and narrative reason as  “MBK”  and  “completion  of  required
active service.”  The separation code should reflect  “MND”  and  a
narrative reason of “Miscellaneous/General Reasons.”

HQ  AFPC/DPSOS’s  complete  evaluation,  with  attachments,  is  at
Exhibit C.

HQ AFPC/DPSOA  reviewed  the  application  and  recommends  denial,
stating, in part, that on 15  Jun  05,  the  applicant  received  a
miscellaneous discharge from the Regular Air Force under the  LADSC
Waiver Program.  Under the program, members sign Attachment  12  of
the Force Shaping Program  guidance  (MPFM  04-35),  “Statement  of
Understanding for Member Applying for  Retirement/Separation  under
the Force Shaping Program,” as part  of  the  application  process.
Item 6 of Attachment 12, notified the applicant of  her  obligation
to  pay  back  the  unearned  portion  of   any   bonus   received.
Additionally, attachment 2 states, “Recoupment of unearned portions
of bonuses, tuition assistance or scholarships is required IAW AFIs
and  Air  Force  policy,”  under  the   following   two   headings:
Exclusions, para  “b”  and  Waiverable  ADSCs/Service  Commitments,
note 3.  They found that she was well aware of  her  obligation  to
repay the unearned bonus as identified in MPFM 04-35.

HQ AFPC/DPSOA’s complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant
on 21 Nov 08 for review and comment 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 not timely filed; however,  it  is  in  the
interest of justice to excuse the failure to timely file.

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 opinions and recommendation of the
Air  Force  offices  of  primary  responsibility  and  adopt  their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of an error or injustice.  While  we  note  the
incorrect  reason  for  separation   cited   on   the   applicant’s
DD Form 214,  we  found  no  evidence  her  discharge  was  not  in
compliance with applicable instructions or that her separation from
the Air Force was unjust or improper.  The  applicant’s  separation
code will be administratively corrected  to  reflect  “MND”  and  a
narrative reason of “Miscellaneous/General Reasons.”  Hence, in the
absence of evidence to the contrary, 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  issue(s)  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 Docket Number BC-2008-
02885  in  Executive  Session  on  11  February  2009,  under   the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Debra M. Czajkowski, Member
      Mr. Anthony P. Reardon, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jul 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOS, dated 3 Nov 08, w/atchs.
    Exhibit D.  Letter, HQ AFPC/DPSOA, dated 6 Nov 08.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Nov 08.




                                   MICHAEL J. NOVEL
                                   Panel Chair