RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02883

					COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be corrected to remove the Separation Program Designator 
(SPD) code FGQ (Interdepartmental Transfer).


APPLICANT CONTENDS THAT:

His SPD code requires him to payback a portion of his Aviator 
Continuation Pay (ACP) bonus.  He transferred from an active duty 
position to an Active Duty Guard/Reserve (AGR) position with the 
Air National Guard and is now being required to pay back eight 
percent of his ACP bonus.  While he acknowledges he did not 
complete his ACP obligation on active duty, he has served the 
remainder of his obligation as an AGR member, without a break in 
service.  He wants the SPD code of FGQ removed so he can stop the 
debt and recoup payments he has already made.

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


STATEMENT OF FACTS:

On 2 Jun 99, the applicant initially entered the Regular Air 
Force.

On 30 Apr 09, the applicant signed 5 year ACP agreement, with an 
effective date of 7 Apr 09.

On or around 4-5 Apr 13, the applicant signed AF Form 2631, Palace 
Chase Statement of Understanding, acknowledging repayment of any 
bonuses prior to separation from active duty.

On 27 Jun 13, the applicant’s resignation was accepted by the 
Secretary of the Air Force (SecAF) for enter into Palace Chase 
Program.  The resignation letter states the applicant was required 
to reimburse the government for the pro rata share of ACP.

On 20 Sep 13, the applicant was furnished an honorable discharge, 
with an SPD code of FGQ (Interdepartmental Transfer), and was 
credited with 14 years, 3 months, and 19 days of active service.

On 21 Sep 13, the applicant transferred to the New Jersey Air 
National Guard and into an Active Guard Reserve tour through 
30 Sep 17.

The remaining relevant facts pertaining to this application are 
contained in the memoranda prepared by the Air Force offices of 
primary responsibility (OPR), which are attached at Exhibits C, D, 
and E.


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of an 
error or an injustice.  AFI 36-3207, Separating Commissioned 
Officers, states the Air Force normally requires recoupment of a 
portion of education assistance, special pay, or bonus money 
received when officers separate before completing the period of 
active duty they agreed to serve.  It also states if the officer 
voluntarily separates, the officer is subject to recoupment of a 
portion of education assistance, special pay, or bonus money 
received.  Finally, AFI 36-3207 states the immediate commanders, 
supervisors or Military Personnel Flight (MPF) chiefs advise 
officers that if SecAF approves their request for release from 
active duty or accepts their resignations they may be subject to 
recoupment of a portion of education assistance, special pay, or 
bonuses received if they leave active duty before completing the 
period of active duty they agreed to serve.

The recoupment appears to be in accordance with the governing 
directive and within the discretion of the SecAF and no error in 
the processing of the applicant's request for separation was 
found.  The applicant did not provide evidence of any errors or 
injustices surrounding the processing of his discharge.  His 
records indicate he separated from active duty prior to the 
completion of his bonus obligation; therefore, recoupment 
procedures were put in place. Thus, the applicant's SPD code, 
narrative reason for separation, and character of service are 
correct as indicated on the applicant's DD Form 214.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

NGB/A1PF notes ACP does not cross components.  The member signed 
up for the active duty ACP program; therefore, he should appeal 
to the active duty component to receive debt forgiveness for 
debt incurred due to his early departure.

A complete copy of the NGB/A1PF evaluation is at Exhibit D.


AFPC/DPAL recommends denial indicating there is no evidence of an 
error or an injustice.  There are several statutory guidelines 
that require a member to repay bonus monies due to the failure to 
complete obligated service and the applicant has signed multiple 
documents acknowledging his responsibility to repay any unearned 
bonus monies.  United States Code, Title 37, Repayment of unearned 
portion of bonus, incentive pay, or similar benefit, and 
termination of remaining payments, when conditions of payment are 
not met, states “a member of the uniformed services who is paid a 
bonus, incentive pay, or similar benefit, the receipt of which is 
contingent upon the member's satisfaction of certain service or 
eligibility requirements, shall repay to the United States any 
unearned portion of the bonus, incentive pay, or similar benefit 
if the member fails to satisfy any such service or eligibility 
requirement, and the member may not receive any unpaid amounts of 
the bonus, incentive pay, or similar benefit after the member 
fails to satisfy such service or eligibility requirement.”  The 
applicant has provided no evidence of an exception to this 
requirement.  Further, the Office of the Under Secretary of 
Defense (OUSD) Memorandum, dated 29 Nov 10, directs members with 
an SPD Code of FGQ (Intradepartmental Transfer) are required to 
repay the unearned portion of the bonus.  Finally, AFI 36-3004, 
Aviator Continuation Pay (ACP) Program, dated 12 Apr 07, states, 
if the reason for failure to complete active duty aviation service 
is voluntary, and the effective date of the disqualification or 
separation is before next anniversary payment, then the next 
scheduled payment is not paid and future anniversary payments are 
not paid and any unearned portion of the bonus already paid is 
recouped.  Additionally, the applicant’s SecAF-approved 
resignation, tendered 5 Apr 13, determined he was required to 
reimburse the government for the pro rata share of ACP.  The 
applicant also signed the AF Form 2631, Palace Chase Statement of 
Understanding, which indicates his understanding of the 
requirement to repay any unearned portion of the bonus prior to 
his separation.

AFI 36-3004 also states unearned bonus money already received is 
recouped.  When the applicant signed his ACP agreement, his 
acknowledgment implied he understood and complied with the terms 
and conditions of his agreement as set forth in the implementation 
messages and instructions at the time of his signature.  This 
includes the paragraph that indicates he may be required to 
reimburse the United States Government of any unearned ACP monies 
if he separated prior to the completion of his ACP obligation.

A complete copy of the AFPC/DPAL evaluation is at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 6 Jan 15 for review and comment within 30 days 
(Exhibit E).  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 an 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 
(OPR) and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error of injustice.  
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the requested relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2014-02883 in Executive Session on 25 Mar 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 30 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 4 Aug 14.
	Exhibit D.  Memorandum, NGB/A1PF, dated 7 Nov 14.
	Exhibit E.  Memorandum, AFPC/DPAL, dated 11 Dec 14.
	Exhibit F.  Letter, SAF/MRBR, dated 6 Jan 15.