RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02124

					COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be amended to change, or remove, the Separation Program 
Designator (SPD) Code, "RBC" (Voluntary Retirement, Maximum 
Service or Time in Grade).


APPLICANT CONTENDS THAT:

Shortly after retirement for High Year Tenure (HYT), he was 
contacted by the Defense Finance and Accounting Service (DFAS), 
informing him of a recoupment action for part of his Career 
Status Bonus (CSB).  Unless he gets a new DD Form 214, the debt 
action cannot be stopped.  He has contacted DFAS and AFPC and 
has yet to get the situation resolved.

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


STATEMENT OF FACTS:

According to the applicant’s military personnel records, he 
enlisted in the Navy on 26 Jun 89 and served on active duty 
until 25 May 98, when he was honorably discharged.

On 11 Jul 02, the applicant initially entered the Regular Air 
Force.  His new Total Active Federal Military Service Date 
(TAFMSD) was recalculated to 11 Aug 93.

On 4 Dec 08, the applicant elected the CSB by signing the 
DD Form 2839, Career Status Bonus (CSB) Election form.  By 
making this election, the applicant received a bonus of $30,000 
in exchange for an agreement to receive a reduced amount of 
retired pay.

On 31 Aug 13, the applicant was relieved from active duty and 
retired, effective 1 Sep 13, with an SPD code of "RBC" 
(Voluntary Retirement, Maximum Service or Time in Grade) and was 
credited with 20 years and 20 days of total active service.  As 
the applicant was serving in the grade of technical sergeant  
(E-6), Air Force HYT policies precluded him from service beyond 
20 years of active service.

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial, indicating there is no evidence of 
an error or an injustice.  In accordance with AFI 36-3203, 
Service Retirements, because he was retired due to HYT, the 
applicant’s separation code “RBC” (Voluntary Retirement, Maximum 
Service or Time in Grade) accurately describes his reason for 
separation and should not be changed or removed.  With regards 
to his notification of indebtness, there is an error, but it is 
not related to his SPD code.  According to officials at DFAS, 
the number of days obligated by the applicant, for the purposes 
of his CSB, was erroneously calculated.  The number of days 
obligated was recorded as 1800 and should have been 1711 (based 
on the applicant’s 11 Aug 93 TAFMS date).  The applicant 
satisfactorily served the required 1711 days and does not owe a 
repayment of any part of his CSB.  DFAS and AFPC are engaged 
with the applicant; therefore, it is recommended no action be 
taken at this time and DFAS be allowed to continue resolving his 
issue.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 27 Oct 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


THE BOARD CONCLUDES THAT:

1.  The applicant has not 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.  In this 
respect, we note this Board is the highest administrative level 
of appeal within the Air Force.  As such, an applicant must 
first exhaust all available avenues of administrative relief 
provided by existing law or regulations prior to seeking relief 
before this Board, as required by the governing Air Force 
Instruction.  The Air Force office of primary responsibility has 
reviewed this application and indicated there is an available 
avenue of administrative relief the applicant has not first 
pursued.  In view of this, we find this application is not ripe 
for adjudication at this level as there exists a subordinate 
level of appeal that has not first been depleted.  Therefore, in 
view of the above, we find no basis to recommend granting the 
relief sought in this application.


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-2014-02124 in Executive Session on 25 Feb 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-02124 was considered:

	Exhibit A.  DD Form 149, dated 19 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 31 Jul 14.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Oct 14.