RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01688
INDEX CODE128.07 110.02
XXXXXXXXX COUNSEL: None
XXXXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His separation program designator (SPD) code be changed to “LCC” and
he receive full separation pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Upon his separation, his SPD code was changed from “LCC” to “JBK.” His
DD Form 214 shows him receiving full separation pay with an SPD code
of “JBK.” However, he received only half of the separation pay to
which he believes he was entitled and which was indicated in the
Remarks block of his DD Form 214.
A complete copy of his submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s offer of pretrial agreement to plead guilty to a
modified specification of theft and waive his right to a trial of the
facts was approved on 19 May 99. His sentence of confinement for one
month, hard labor without confinement for one month, forfeiture of
$175.00 per month for one month, and a reprimand was adjudged on 20
May 99, according to Special Court-Martial Order No. 3, dated 15 Jun
99. He was denied reenlistment under the Selective Reenlistment
Program (SRP) and subsequently honorably discharged on 22 Aug 99 in
the grade of senior airman. He had 10 years, 8 months and 28 days of
active service.
The SPD code “LCC” is used for an involuntary release due to a
reduction-in-force. The applicant’s DD Form 214 reflects an SPD code
of “JBK” (Denied reenlistment with entitlement to one-half separation
pay). The RE code originally indicated on his DD Form 214 was “2Z.”
This apparently was a typographical error since this RE code does not
exist. The applicant’s DD Form 214 Remarks block originally indicated
he was eligible for separation pay in the amount of $17,204.40, which
is full separation pay. However, in compliance with the “JBK” SPD
code for one-half separation pay, the Defense Finance Accounting
Service (DFAS) paid the applicant $9,505.92.
Following the applicant’s submission of the instant appeal, HQ
AFPC/DPPRRC administratively corrected his DD Form 214 on 23 Aug 00
with a DD Form 215. The separation pay amount in Block 18 now
correctly reflects one-half separation pay ($9,505.92) in accordance
with the SPD code of “JBK,” and the RE code now reflects “2X,” which
means he was considered but not selected for reenlistment under the
SRP.
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Management Specialist, HQ AFPC/DPPRS, advised
that the applicant was given the correct SPD code and assigned an RE
code making him not fully qualified for retention. Thus, he is only
entitled to one-half separation pay as authorized by law. Denial is
recommended.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 8 Sep 00 for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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 probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that he should be awarded an SPD code which authorizes full
separation pay. The applicant was clearly ineligible for full
separation pay because he was not selected for reenlistment under the
SRP. The typographically incorrect RE code and the amount of
separation pay have been administratively corrected to reflect that
the applicant was not selected for reenlistment and entitled to only
one-half separation pay upon discharge. Since the applicant has
failed to show that the “JBK” SPD code he received was erroneous and
that he is entitled to full separation pay, we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
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 4 January 2001 under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Christopher Carey, Member
Mr. Dale O. Jackson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 May 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 23 Aug 00.
Exhibit D. Letter, SAF/MIBR, dated 8 Sep 00.
DAVID C. VAN GASBECK
Panel Chair
AF | BCMR | CY2006 | BC-2005-01402
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states in accordance with AFI 36-3208, paragraph 10.4.4, members reduced to Senior Airman or below before reaching 12 years of service (YOS) will be allowed to remain in the Air Force until they reach 12 YOS, which is the normal high year of tenure (HYT). ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02079 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The separation code of JBK (Completion of Required Active Service) on her DD Form 214 (Certificate of Release or Discharge From Active Duty) be changed to LCC (Reduction in Force <Full Separation Pay>) to match the reason for separation...
AF | BCMR | CY2004 | BC-2003-03104
He received a separation designator code of JBK and a RE code of 2X, “First-term, second-term, or career airman considered but not selected for reenlistment under the SRP”. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...
AF | BCMR | CY2003 | BC-2003-03104
He received a separation designator code of JBK and a RE code of 2X, “First-term, second-term, or career airman considered but not selected for reenlistment under the SRP”. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...
AF | BCMR | CY2014 | BC 2014 00769
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00769 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Separation Program Designator (SPD) Code on his DD Form 214, Certificate of Release or Discharge from Active Duty be changed from LGH which denotes Non-Retention on Active Duty to LBK which denotes Expiration of Term of Service. APPLICANT CONTENDS THAT: He is not seeking any monetary compensation as he...
AF | BCMR | CY2004 | BC-2003-02616
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02616 INDEX CODE: 110.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His separation and reenlistment codes be changed to allow him to enlist in the Air National Guard. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS states they believe the...
P g&/pf ne1 Chair Attachment: Ltr, AFPC/DPPRS, dtd Jul 7, 1998, w/Atch DEPARTMENT OF THE AIR FORCE WASHINGTON, DC JUL 2 4 I998 Office of the Assistant Secretary AFBCMR 98-01571 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed...
They stated the laws controlling the SBP preclude a married member, who declined spouse coverage at the time of retirement, from providing SBP former spouse coverage following divorce unless Congress authorizes an open enrollment. A complete copy of the evaluation is at Exhibit B. 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 and adopt...
AF | BCMR | CY2003 | BC-2003-01955
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01955 INDEX CODE: 110.00, 100.03 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code of 2X be changed to allow eligibility to reenlist in the Air Force. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends...
AF | BCMR | CY2009 | BC-2008-02020
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-02020 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His separation code of “LBK” (completion of required active service, and denied reenlistment with half separation pay) be changed. However, after considering the evidence provided, the Board determined it was insufficient...