RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC 2002-03008
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation program designator (SPD) code be changed from  LCC  (released
from active duty) to JCC (discharge) and his reenlistment  eligibility  (RE)
code of 4D be changed  on  his  DD  Form  214,  Certificate  of  Release  or
Discharge From Active Duty.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His Air Reserve Station (ARS) Military Personnel Flight  (MPF)  advised  him
that his DD Form 214 reflected the wrong SPD code, which may  have  resulted
in an incorrect  reentry  (RE)  code.   He  also  should  have  received  an
honorable discharge certificate along with his DD Form 214  because  he  was
not entering into the active reserve nor did he have  a  commitment  to  the
inactive reserves at the time of his separation.

In support of his application, the applicant provides a copy of his DD  Form
214.  The applicant’s complete submission, with attachment,  is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s complete military personnel records were  unavailable.   The
following  information  was  extracted  from  the  available  records.   The
applicant enlisted in the Regular Air Force effective 14 March 1986  at  the
age of 21.  He was progressively promoted to the grade of senior airman  (E-
4), effective and with a date of rank of 14 March 1989 and was  subsequently
appointed a sergeant.  It appears that his appointment as a  noncommissioned
officer was subsequently vacated.  He served in support of Operation  Desert
Storm/Shield from 2 August 1990 to 25 March 1996.  During  his  active  duty
service, the applicant was awarded the Air Force Achievement Medal with  one
device, Humanitarian Service  Medal  with  one  device,  Small  Arms  Expert
Marksmanship Ribbon/Rifle, NCO Professional Military Education  Ribbon  with
one device, Air Force  Outstanding  Unit  Award,  and  the  Air  Force  Good
Conduct Medal with 2 devices.

During  his  active  duty  tour,  the  applicant  received  twelve  Enlisted
Performance Reports.  The following is  a  resume  of  the  applicant’s  EPR
profile:

      PERIOD ENDING          PROMOTION RECOMMENDATION

    13 Mar 87                     9
     3 Oct 87                     9
     3 Oct 88                     9
    31 Mar 90*                    3
    31 Oct 90*                    2
    24 Jan 91*                    2
    24 Jan 92                     4
     2 Jul 92                     4
     2 Jul 93                     5
     2 Jul 94                     5
     2 Jul 95                     3

* Denotes referral EPR

On 25 March 1996, the applicant was honorably released from active duty  due
to Reduction in Force (RIF) with a separation code  of  LCC  (released  from
active duty) and a reentry code of 4D (grade is senior airman  or  sergeant,
completed at least nine years of TAFMS, but  fewer  than  sixteen  years  of
TAFMS, and has not been selected for promotion to staff  sergeant.   He  had
served ten years and twelve days on active  duty.   He  received  separation
pay in the amount of $16,250.40.

On 2 September 1998, the applicant enlisted into the Air Force  Reserve  for
a period of six years.  He  was  progressively  promoted  to  the  grade  of
technical sergeant effective and with a date of rank of 1  March  2002.   He
received the Air Force Reserve Medal with “M”  device  for  his  support  of
Operation Enduring Freedom for the period 4  November  2001  to  3  November
2002.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  The applicant  was  separated  in  accordance
with AFI 36-3208, reduction in force.  According to the applicant’s DD  Form
214, he received $16,250.40 in  separation  pay  (full).   In  order  for  a
member to receive separation pay, he must sign  a  Ready  Reserve  Agreement
that releases him into the Ready Reserve.  In accordance with  AFI  36-3208,
paragraph 9.1.8, “The member must agree in writing to  serve  in  the  Ready
Reserve for at least three years following the separation from active  duty.
 A member who is qualified for separation pay, but is  unqualified  for  the
Ready Reserve still must agree in writing to serve in the Ready  Reserve  in
order to receive separation pay.”  This is also in accordance with Title  10
United States Code, Section 8013 and Executive Order 9397.

DPPRS feels the applicant’s discharge was  consistent  with  the  procedural
and substantive requirements of  the  discharge  regulation.   Additionally,
the discharge was within the discretion of the  discharge  authority.  As  a
condition to receiving separation pay, the applicant was  required  to  sign
the Ready Reserve Agreement, which constitutes a release from  active  duty.
Therefore, DPPRS feels no change in his  SPD  code  is  warranted.   When  a
member is released, he does not receive an Honorable Discharge  certificate.
 The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE addressed the applicant’s RE code.  The applicant  was  separated
on 25 March 1996 at the grade of  Senior  Airman  (E-4)  with  an  honorable
characterization of service after serving  ten  years  and  twelve  days  of
active duty.  The applicant did not obtain the rank of Staff Sergeant  (E-5)
prior to completing nine years of  total  active  federal  military  service
(TAFMS).  In accordance with  AFI  36-2606,  Reenlistments  in  the  US  Air
Force, individuals who have completed at least nine years  TAFMS  but  fewer
than sixteen years TAFMS, and has not been selected for promotion  to  Staff
Sergeant will receive a RE code of 4D.   DPPAE  states  that  based  on  the
applicant’s records, the RE code 4D is correct.  The DPPAE evaluation is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant feels he was forced out of the Air Force  by  Force  Reduction
and would have waived the severance pay to take a different separation  code
and reentry code had he known he would have difficulty returning  to  active
duty.  He left active duty in 1996 and entered  the  Air  Force  Reserve  in
1998 as a Security Specialist for the Nebraska Air National Guard.   He  has
served in the security forces career field for over thirteen years  and  has
completed additional  supervisory  and  leadership  courses  since  he  left
active duty.  The security forces career field is currently undermanned  and
he would be willing to stay until his high year of tenure.  The  applicant’s
rebuttal is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

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.  Evidence has not  been  presented
to show that the reason for the applicant’s separation  and  his  separation
code are in error or unjust.  The  available  record  reveals  that  he  was
released from active duty, rather than discharged, based on  his  acceptance
of separation pay.   It  appears  that  now,  some  seven  years  after  his
separation, he believes he has been disadvantaged by the type of  separation
he  received.   However,  other  than  his  assertions,  the  applicant  has
provided  no  evidence  to  show  that  the  actions  taken  by  Air   Force
authorities in 1996 were in error or unjust, that he  was  miscounseled,  or
that he was treated  differently  than  other  similarly  situated  enlisted
members.  Therefore, we find no basis on which  to  favorably  consider  his
request for a change to the reason for his separation and the  corresponding
separation code.

4.  As to the applicant’s request that his RE code be changed, as  noted  by
the  Air  Force  office  of  primary  responsibility,  the  code  accurately
reflects his status at the time of  his  separation  and  we  have  seen  no
evidence by the applicant which would lead us to believe that  his  RE  code
is in error or unjust.  We note that although the applicant’s RE  code  bars
immediate reentry, it may be  waived  to  allow  enlistment.   There  is  no
guarantee that enlistment  with  such  a  code  would  be  authorized.   The
determination as to whether the code would be waived is based on  the  needs
of the service to which application for enlistment is made.

5.  Finally, the applicant has requested he be given an honorable  discharge
certificate.  However, based on the fact that  the  applicant  was  released
from active duty in 1996 and the requested certificate may  be  issued  only
at the time of discharge, and because the applicant entered  active  Reserve
status prior to the completion of his three-year Ready  Reserve  commitment,
he was never  discharged.   Hence,  it  would  appear  the  issuance  of  an
Honorable Discharge certificate is not appropriate at this time.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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 16 April 2003, under the provisions of AFI 36-2603:

                 Mr. Roscoe Hinton Jr., Panel Chair
                 Ms. Brenda L. Romine, Member
                 Mr. Steven A. Shaw, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. BC 2002-03008:

      Exhibit A.  DD Form 149, dated 14 Sep 02, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 11 Oct 02.
      Exhibit D.  Letter, AFPC/DPPAE, dated 27 Dec 02.
      Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.
      Exhibit F.  Applicant’s Rebuttal, dated 2 Dec 02.




                                                   ROSCOE HINTON JR.
                                                   Panel Chair