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AF | BCMR | CY2005 | BC-2005-00089
Original file (BC-2005-00089.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00089

XXXXXXX     COUNSEL:  NONE

XXXXXXX     HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 9 JULY 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation be changed  from  “Miscellaneous/General
Reasons” to "Force Shaping" Phase II.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was released from active duty under Air Force "Force Shaping"  Phase  II.
The miscellaneous/general reasons are not acceptable under the  unemployment
insurance program.

In support of the application, the applicant submits an email on  Air  Force
Shaping.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 November  2001  for  a
period of 4 years.  He was progressively promoted to  the  grade  of  senior
airman (E-4), effective and with a date of rank of 19 September 2003.

On 16 June 2004, the applicant  voluntarily  submitted  an  application  (AF
Form 31, Airman’s Request for Early Separation/Separation  Based  on  Change
in Service Obligation) requesting to separate effective  15  December  2004.
The application for separation was submitted under  the  provisions  of  the
Air  Force  Shaping  Program,  Phase  II  and  AFI   36-3208,   para   3.15,
miscellaneous reasons.

On 17 June 2004, the applicant  signed  a  Statement  of  Understanding  for
Member Applying for Retirement/Separation Under the  Force  Shaping  Program
acknowledging  the   following:    "I   understand   that   separating   for
miscellaneous  reasons  prior  to  completion  of  my  first  full  term  of
enlistment will render me ineligible for unemployment compensation."


On 15 December 2004, he was separated under the provisions of the Air  Force
Shaping Program, Phase II, AFI 36-3208, Administrative Separation of  Airmen
(miscellaneous/general  reasons)  from  the  Air  Force  with  an  honorable
discharge. He served 3 years and 27 days of total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated that the discharge  was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation.  The discharge was within the sound discretion of the  discharge
authority.  The applicant did not submit any new evidence  or  identify  any
errors or injustices that occurred in the discharge processing. He  provided
no facts warranting a change to the narrative reason for separation.

AFPC/DPPRS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 18 February 2005 for review and response within  30  days.   As  of  this
date, this office has received no response from the applicant.

_________________________________________________________________

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 an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded  that
his reason for separation should be changed.   Applicant’s  contentions  are
duly noted; however, we do not find these uncorroborated assertions, in  and
by themselves, sufficiently persuasive to override  the  rationale  provided
by the Air Force.  In this respect,  the  Board  notes  that  the  applicant
signed a statement  of  understanding  acknowledging  his  separation  would
render him ineligible for  unemployment  compensation.  We  therefore  agree
with the recommendation of the Air Force and adopt the  rationale  expressed
as the basis for our decision that the applicant has failed to  sustain  his
burden that he has suffered either an error or an injustice.  Therefore,  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  Docket  Number  BC-2005-00089
in Executive Session on 6 April 2005, under the provisions of AFI 36-2603:

           Ms. Cathlynn B. Sparks, Panel Chair
           Mr. Terry L Scott, Member
           Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 30 Dec 04.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 9 Feb 05.
     Exhibit D.  Letter, SAF/MRBR, dated 18 Feb 05.





                                  CATHLYNN B. SPARKS
                                  Panel Chair

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