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AF | BCMR | CY2004 | BC-2004-01427
Original file (BC-2004-01427.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER: BC-2004-01427
                                        INDEX CODE 110.02
                                        COUNSEL:  None

                                        HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) and Separation  Program  Designator  (SPD)
codes be changed to  match  his  honorable  discharge  under  the  Voluntary
Separation Incentive (VSI) program so he can enlist in a Reserve unit.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The codes are inconsistent with his honorable discharge.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 13 Jun 86.

According to Military Personnel Flight Letter  (MPFL)  93-78,  dated  29 Dec
93, FY95 VSI and Special Separation Benefit (SSB)  Programs,  attachment  1,
paragraphs 3.b. and 3.c., the SPD code on a member’s DD Form 214 would  only
reflect a “release” (rather than a discharge) from active duty (MCA -  Early
Release Program - VSI, or MCB - Early Release Program -  SSB),  and  the  RE
code would reflect receipt of either VSI (3V) or SSB (3S). [See Exhibit  C.]


The applicant requested separation on 28 Jul 94, to be effective 14 Jun  95,
and signed a Statement of Understanding pertaining to  his  application  for
the VSI.

He  signed  the  Enlisted  VSI  Agreement  on  12 Jun  95,  indicating   his
understanding that, in  consideration  for  receiving  over  $64,000.00,  he
agreed to enlist or transfer to a component of  the  Ready  Reserves  for  a
period of 18 years (twice the number of years of  active  duty).   He  would
receive an initial payment  of  $3,570.48  and  would  continue  to  receive
annual payments of this same amount until 14 Jun  2013,  at  which  time  he
would receive one final payment of $3,570.48.

On 14 Jun 95, the applicant was honorably released from active  service  and
transferred to the Reserves after nine years and two days  of  active  duty.
In accordance with the MPFL discussed above, his SPD and  RE  codes  of  MCA
and 3V, respectively, indicate his early release under the VSI program.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRR asserts there is no procedural error or  inaccuracy  with  the
applicant’s RE and SPD codes. He already is  part  of  a  Reserve  component
until 14 Jun 2013.

A complete copy of the evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT’S REVIEW OF EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 18 Jun 04 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.  After a thorough review  of  the  evidence
of record and the applicant’s submission, we are not persuaded  his  RE  and
SPD codes should be changed.  The  applicant  was  honorably  released  from
active service under the provisions of the VSI program  and  transferred  to
the Reserves.  His RE and SPD codes reflect this.  Further,  he  is  already
part of a Reserve component until  14  Jun  2013.   The  office  of  primary
responsibility has adequately addressed the applicant’s contentions  and  we
adopt the rationale expressed as the basis for our conclusion  that  he  has
not demonstrated he is the victim of an error or injustice.  In view of  the
above and absent persuasive evidence to the contrary, 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 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 November 2004 under the provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence relating to  AFBCMR  Docket  Noumber  BC-
2004-01427 was considered:

   Exhibit A.  DD Form 149, dated 28 Apr, 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRR, dated 10 Jun 04, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 18 Jun 04.




                                   ROBERT S. BOYD
                                   Panel Chair

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