RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03536 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Separation Program Designator code (SPD) on his DD Form 214, Certificate of Release or Discharge from Active Duty, which currently reflects RBC (Voluntary Retirement: Maximum Service or Time in Grade) be corrected to SCC (Mandatory Retirement: Reduction in Force). APPLICANT CONTENDS THAT: He was selected for early retirement by the Selective Early Retirement Board (SERB) on 23 Jun 14. He had to retire, it was not voluntary. He did not know what the code meant when he signed the notification memorandum which contained a retirement fact sheet. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 1 Mar 92. On 22 Jan 14, according to documentation provided by the applicant, he was selected for early retirement by the CY 13 SERB. On 24 Jan 14, he submitted a request for retirement through the Virtual MPF. His application was approved on 28 Feb 14. On 30 Jun 14, the applicant was released from active duty and retired, effective 1 Jul 14 and was credited with 24 years and 4 months 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. The applicant’s retirement was properly coded as voluntary based on his request. The applicant was considered and selected for early retirement by the CY13 SERB. He was notified of the results on 22 Jan 14. On 24 Jan 14, he submitted a request for retirement through the virtual MPF. His application was approved on 28 Feb 14. Because he submitted an application for retirement, the applicant's SPD was updated as RBC, in accordance with the Personnel Services Delivery Memorandum (PSDM 14-05, CYJ3A Colonel & Lieutenant Colonel Selective Early Retirement Boards (SERBs) Administrative Release Instructions, dated 16 Jan 14. PSDM 14-05 was used to announce the notification process for Senior Raters to advise officers of their status following the CYB SERB. The PSDM provided detailed instructions to the affected officers regarding the retirement process. The PSDM also provided impacted officers the option of being retired with SPD Code SCC, identifying the mandatory retirement, or applying for a voluntary retirement on their mandatory retirement date with SPD Code RBC. For several years, many officers meeting the SERB had concerns regarding the definition of the SPD code appearing on their DD Forms 214, Certificate of Release or Discharge from Active Duty. As such, the Air Force has afforded these officers the opportunity to request voluntary retirement and receive SPD code RBC. PSDM 14-05 outlined these options to the officers selected for retirement by the CYl3 SERB. The applicant signed the notification memorandum which contained a retirement fact sheet. The fact sheet outlined the retirement process in paragraphs 1 and 2. In paragraph 1, it indicated that if the officer took no action, his/her mandatory retirement would be updated in the Military Personnel Data System (MilPDS) using SPD code SCC. In paragraph 2, it indicated if the officer desired, he/she could request a voluntary retirement which would result in SPD code RBC. Paragraph 2 of the fact sheet also states: "Recoupment of unearned portions of bonuses, special pays, and educational costs are NOT waived using code RBC." The applicant signed the memorandum and acknowledged receipt of the information contained therein. He was properly briefed on his options relating to retirement. Additionally, in the retirement approval notification sent to the applicant, he was advised to review his DD Form 214, which documents the SPD code assigned to his retirement. A review of the virtual MPF indicates a message was also sent to the applicant on 21 May 14, which outlined further instructions on review of the DD Form 214. It appears the applicant was properly advised of his options and elected to request a voluntary retirement. The fact sheet clearly indicates the ramifications relating to recoupment when electing the voluntary retirement vice accepting the mandatory retirement. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes the fact that he did not volunteer to retire. He was forced to retire due to the SERB results. He does not understand why he has a different SPD code on his DD Form 214. He stated on his retirement application this was a mandatory retirement due to Reduction in Force (RIF). This error is forcing him to owe a debt of $54,000. This is unfair and placing him under a financial hardship. A complete copy of applicant’s rebuttal is at 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 an error or injustice. We took notice of the applicant’s complete submission, including his rebuttal response, 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. While the applicant’s arguments and contentions are duly noted, absent evidence that he was not made aware of the ramifications of his choice to elect that his retirement be coded as voluntary, we are not convinced the evidence is sufficient for us to conclude the applicant is the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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 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-2014-03536 in Executive Session on 14 May 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03536 was considered: Exhibit A. DD Form 149, dated 24 Aug 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 23 Oct 14. Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14. Exhibit E. Letter, Applicant, dated 24 Nov 14.