RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02673
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Separation Program Designator (SPD) and Reenlistment Eligibility (RE)
codes be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His separation code of “LBK” states he received half separation pay and he
never received any separation pay. Also, his RE code does not allow him to
reenlist in the Air Force because he could not obtain a career job
reservation (CJR).
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 24 September 1990 for a
period of four (4) years.
On 23 September 1994, he was separated in the grade of senior airman, under
the provisions of AFR 39-10 (Completion of Required Active Duty), and
received an honorable discharge. He served 4 years total active duty.
Applicant received an “LBK” SPD code and a “3I” RE code.
The USAF Reenlistment, Retention, and NCO Status Programs, AFR 35-16,
paragraph 4-17d, states that “When an airman applies for a CJR in an AFSC
that has no CJR available, place the airman’s name on the Air Force-wide
CJR waiting list for that Air Force Specialty Code (AFSC). The CJR waiting
list is kept by name and AFSC. The airman’s name may stay on the waiting
list until 150 days before the airman’s date of separation to await a
possible CJR.”
_________________________________________________________________
AIR FORCE EVALUATION:
The Directorate of Personnel Program Management, HQ AFPC/DPPRS, reviewed
this application and states that the Separation Program Designator (SPD)
code “LBK” is used to identify airmen who completed their required active
service. Members receiving SPD “LBK” are eligible to receive half
separation pay provided they have at least six years total active service
at the time of their separation. Since the applicant had only four years
active service, he was not entitled to separation pay. Therefore, they
recommend denial of applicant’s request.
A complete copy of the Air Force evaluation, with attachments, is attached
at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14
December 1998 for review and response within 30 days. 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 in regards to the separation code. He has not exhausted all
remedies provided by existing law or regulations in regard to his request
to change his RE code so that he can reenter the Air Force.
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 probable 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 recommendations of the Air Force and adopt
their rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. Separation Program Designator
(SPD) code “LBK” is used to identify airmen who completed their required
active service. Members receiving SPD “LBK” are eligible to receive half
separation pay provided they have at least six years total active service
at the time of their separation. The applicant had four years total active
service, therefore, he is not entitled to separation pay. A waiver of an
Reenlistment Eligibility (RE) code beginning with “3” is an administrative
remedy. Should he wish to apply for reentry into the Air Force, he should
request a waiver through an Air Force recruiter. If his request is denied,
he can then submit his application to the Board for consideration.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 this application in Executive
Session on 8 April 1999, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. John E. Pettit, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Sep & 28 Oct 98 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 23 Oct 98.
Exhibit D. Letter, SAF/MIBR, dated 14 Dec 98.
BARBARA A. WESTGATE
Panel Chair
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