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 (Completion of Required Active
Service) and that she be entitled to full separation pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Since she completed her active service, she should be paid her
entire separation pay instead of only half. Her separation code
should be changed to allow entrance into the Reserves if she
chooses to enter the Reserves.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD)
was 25 Sep 85.
Applicant’s Enlisted Performance Report (EPR) profile follows:
PERIOD ENDING OVERALL EVALUATION
24 Sep 86 9
24 Sep 87 9
30 Jun 88 9
30 Jun 89 9
31 Mar 90 4 (New rating system)
31 Mar 91 5
29 Jul 91 5
29 Jul 92 4
1 Dec 92 5
1 Dec 93 4 (Referral Report)
1 Dec 94 5
6 Aug 95 5
6 Aug 96 5
18 Jul 97 5
18 Jul 98 5
18 Jul 99 5
On 21 Dec 99, she was discharged from the Air Force under the
provisions of AFI 36-3208 (Completion of Required Active Service)
with a separation code of JBK and a reenlistment eligibility (RE)
code of 4J (Entered into Phase I of the Weight Program, or the unit
commander declared the airman ineligible to reenlist) with an
honorable characterization of service in the grade of staff
sergeant. She was credited with 14 years, 2 months, and 27 days of
active service.
On 30 Mar 01, the applicant’s DD Form 214 was administratively
corrected to reflect N/A in Item 6 (Reserve Oblig. Term. Date), and
the words “Member is subject to recall and/or annual records
review” were deleted from Item 18 (Remarks) (see Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
The Special Programs & AFBCMR Manager, AFPC/DPPAES, reviewed this
application and indicated that a review of applicant’s case file
revealed the RE code of “4J” is correct.
A complete copy of the Air Force evaluation is attached at
Exhibit D.
The Military Personnel Management Specialist, AFPC/DPPRS, also
reviewed this application and indicated that the applicant was
given the correct separation code of JBK as required by Department
of Defense (DOD) and Air Force directives. She was assigned an RE
code of 4J which made her not fully qualified for retention and
therefore only entitled her to one-half separation pay as
authorized by law.
A complete copy of their evaluation is attached at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluations and disagreed with the
decisions for many reasons. She stated, in part, that she is a
person who stands up for what is right, no matter the consequence
and this fact caused her commander a lot of embarrassment. He
wanted her to compromise her integrity and she refused so he found
a weakness in her health and used it against her. It took
Headquarters AETC Inspector General (IG) from Oct 99 to Feb 00 to
make a final decision and they decided that she had not proven that
her commander had misused his power. Secondly, since she had
already completed her enlistment term, she was extended while the
IG conducted their investigation. She states that because of her
commander’s many friends on base (everyone is aware of the “good
old boy network” that exists among commanders), she was told that
she had to separate because her enlistment was completed. She
could not reenlist or do anything until the investigation was
finished, which, as she stated, took until Feb 00. This was truly
a time of putting “service before self.” She knew no matter what
happened, she could not continue working for him. This is the
reason that she believes she is entitled to all of her separation
pay. Her DD Form 214 also states that she has a three-year Reserve
obligation which seems to contradict the code of 4J (not fully
qualified for retention). If she is not fully qualified for
retention, then how could she still have an inactive Reserve
obligation until Dec 2002?
Applicant’s complete response is attached at Exhibit G.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The Assistant NCOIC, Separations Branch (AFPC/DPPRS), reviewed this
application and indicated that the applicant received a separation
code of JBK - Completion of Required Active Service and an RE code
of 4J - Entered into Phase I of the Weight Program, or the unit
commander declared the airman ineligible to reenlist. These items
were both reviewed before and the recommendation was to disapprove
her request. The applicant, however, served over eight years of
service and thus completed her Reserve obligation date. Based upon
the documentation in the file, DPPRS believes the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation. Additionally, the discharge was within the
sound discretion of the discharge authority. Applicant’s case
remains the same in that no specific errors were found in her
discharge processing. However, her DD Form 214 will be corrected
to delete her Reserve obligation date and the recall to active duty
statement in the remarks section. After a thorough review of the
applicant’s personnel/medical records, AFPC/DPPAES has reconfirmed
the RE code “4J” is correct. Her enrollment in the Air Force
Weight Program upon discharge is well documented. DPPRS recommends
applicant’s records remain the same.
A complete copy of the additional Air Force evaluation is attached
at Exhibit H.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant reviewed the additional Air Force evaluation and strongly
disagrees with the advisory opinion. She states, in part, that
first, she completed her enlistment prior to her separation (Oct
99). AETC/IG allowed her to be extended until 21 Dec 99 because a
decision had not been made on her IG complaint. Her commander
never completed the proper form denying her reenlistment and
allowing her to challenge this decision. Another thing that she
disagrees with is the fact that the advisory opinion claims that
her enrollment in the Weight Management Program (WMP) is well
documented. This is not quite true. It was very poorly
documented. Some of the documents have another individual’s social
security number on it and her name. Another fact is that she never
had the required three unsatisfactory weigh-ins provided in the Air
Force instruction. This is why she feels she was singled out. She
believes that the most important thing is that she did complete her
enlistment and this is why her records should be corrected. The
documents she enclosed are samples of poor documentation.
Throughout a very strong career, especially as an evaluator, she
has always strived to do the best job possible.
Applicant’s complete response, with attachments, is attached at
Exhibit J.
_________________________________________________________________
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 concerning
the applicant’s separation code and separation pay. After a
thorough review of the evidence of record and applicant’s
submission, the applicant has provided no evidence showing that her
separation code is in error or contrary to the prevailing
instruction or that she is entitled to full separation pay. We
note that she was assigned an RE code of 4J which made her not
fully qualified for retention and therefore only entitled her to
one-half separation pay. In addition, we noted the applicant’s
contentions regarding her WMP records. While some of the documents
contained an incorrect social security number, she did sign the
forms. Therefore, we must presume that these records pertain to
her participation in the WMP. In view of the foregoing and in the
absence of evidence to the contrary, we agree with the
recommendations of the Air Force and adopt the rationale expressed
as the basis for our decision that the applicant has failed to
sustain her burden that she has suffered either an error or an
injustice. Therefore, we find no compelling basis to recommend
granting the relief sought.
4. Applicant asserts that there seems to be a contradiction
between the RE code of 4J (not fully qualified for retention) and
the Reserve obligation reflected on her DD Form 214. However, we
note that her DD Form 214 was administratively corrected to delete
her Reserve obligation date and the recall to active duty
statement.
5. Should applicant choose to enter the Reserves, we remind her
that if she meets all other enlistment criteria, her recruiter may
submit a request for waiver of the RE code through the recruiting
channels.
_________________________________________________________________
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 3 July 2001, under the provisions of Air Force
Instruction 36-2603:
Mr. Henry Romo, Jr., Panel Chair
Mr. Philip Sheuerman, Member
Ms. Olga Crerar, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jul 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRSP, dated 30 Mar 01, w/atch.
Exhibit D. Letter, AFPC/DPPAES, dated 28 Aug 00.
Exhibit E. Letter, AFPC/DPPRS, dated 8 Sep 00.
Exhibit F. Letter, AFBCMR, dated 29 Sep 00.
Exhibit G. Letter fr applicant, dated 3 Oct 00.
Exhibit H. Letter, AFPC/DPPRS, dated 26 Apr 01.
Exhibit I. Letter, AFBCMR, dated 11 May 01.
Exhibit J. Letter fr applicant, dated 14 May 01, w/atchs.
HENRY ROMO, JR.
Panel Chair
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