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AF | BCMR | CY1999 | 9802673
Original file (9802673.doc) Auto-classification: Denied

                            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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