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AF | BCMR | CY2003 | BC-2003-00102
Original file (BC-2003-00102.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00102
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to  show  that  he  elected  to  separate  under  the
Voluntary  Separation  Incentive  program  (VSI)  rather  than  the  Special
Separation Benefit (SSB) program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his separation he was told that if he  elected  VSI,  instead
of SSB, and wanted to  continue  to  serve  in  the  Reserve,  he  would  be
required to refund "dollar for dollar" the amount he received from VSI  each
year.  He has since learned that this is not the case.   If  he  would  have
been properly counseled, he would have elected VSI instead of SSB.

In support of his request, applicant provided a copy of  his  DD  Form  214,
Certificate of Release or Discharge from Active Duty; and a copy of his  SSB
agreement.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 18 Jul 92, applicant was released from active  duty  and  transferred  to
the Reserves under the SSB early release program after serving 10  years,  5
months, and 11 days on active duty.  he  received  a  lump  sum  payment  of
$94,424.26.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRRP  recommends   denial.    DPPRRP   states   that   officers   who
participated in the VSI/SSB program completed an AF Form 780 and  signed  an
SSB agreement.   Criteria  for  the  FY92-93  VSI/SSB  Program  was  clearly
outlined to all members  electing  to  participate  in  these  programs,  to
include information on members who could  become  retirement  eligible  upon
completion of 8 years of Reserve service.  It  would  be  inappropriate  and
unfair to other personnel who elected to receive the VSI/SSB  to  allow  the
applicant to change his election at this time.  The DPPRRP evaluation is  at
Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28  Feb
03 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 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  error  or  injustice.   We   are   not   persuaded   by   his
uncorroborated assertions that prior to his election to separate  early,  he
was miscounseled, that he was not made aware of  the  options  available  to
him, or that the specifics of the early separation programs  were  not  made
available  to  him.   We  agree  with  the  Air  Force  office  of   primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore, in the absence of persuasive evidence to the  contrary,  we  find
no compelling basis to recommend the relief sought in this application.

_________________________________________________________________

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 AFBCNR Docket Number  BC-2003-
00102 in Executive Session on 3 Jun 03, under  the  provisions  of  AFI  36-
2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. George Franklin, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPPRRP, dated 19 Feb 03.
    Exhibit C.  Letter, SAF/MRBR, dated 28 Feb 03.




                                   WAYNE R. GRACIE
                                   Panel Chair

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