RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00388
            INDEX NUMBER:  128.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  25 Jul 06


__________________________________________________________________

APPLICANT REQUESTS THAT:

The corrected “Separation Code” of “MBK,”  “Completion  of  Required
Service” (Without separation pay) he was given be  changed  back  to
the original code of “LBK,” “Completion of Required  Service”  (With
one-half separation pay) and the benefits he was given,  to  include
Transitional  Assistance  Management  Program  (TAMP)  benefits  and
authorization to proceed to his home of selection be reinstated.

__________________________________________________________________

APPLICANT CONTENDS THAT:

On 12 Aug 04, he made a decision to voluntarily separate from active
duty based on benefits he was counseled he would receive  under  the
Air Force "Force Shaping II Date of  Separation  Rollback  Program."
These included one-half separation pay with  a  three-year  Inactive
Ready Reserve commitment  and  TAMP  benefits  for  six  months,  to
include relocation to his home of  selection.   On  15  Nov  04,  he
reviewed and signed his DD Form 214,  which  included  the  benefits
stated.

On 16 Dec 04, he contacted the base finance office to inquire why he
had not received his separation pay and was told a change  had  been
made to his entitlements and to contact base separations for further
information.  He then learned that the base had received  an  e-mail
on 18 Oct 04, which caused his separation code to change from  “LBK”
to “MBK.”  Consequently, his entitlements were eliminated.   Due  to
an oversight by the separations office, this change  went  unnoticed
until after his separation date of  10  Dec  04.   His  orders  were
amended on 16 Dec 04 and his DD Form 214 reaccomplished.

In support of his appeal, the applicant provides a  memorandum  from
the NCOIC of the Retirements and Separations  branch  of  his  local
Military Personnel Flight (MPF) noting their failure to  notify  the
applicant of the change in his separation code  and  benefits  until
after he had separated from service.  The applicant also provides  a
copy of the message notifying the base of the correction of  policy,
copies of his original and amended separation orders,  his  original
and corrected DD Form 214s, and other documents.

The applicant’s complete submission, with attachments, is at Exhibit
C.

__________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 14 Jan 98  and
separated on 10 Dec 04 with a  “3D”  Reenlistment  Eligibility  (RE)
code, “Second-term or career airman who  refused  to  get  permanent
change  of  station  (PCS)  or  temporary  duty   (TDY)   assignment
retainability.”

__________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPR  recommends  denial  of  the  applicant’s  request.    The
applicant’s local MPF failed to advise and counsel applicant when he
outprocessed and began his terminal leave, and incorrectly  assigned
Separation Program Designator (SPD) “LBK” on his DD Form  214.   The
MPF noticed the error when preparing to mail the  applicant  copy  1
and 4 of the DD Form 214. The MPF reaccomplished  the  DD  Form  214
annotating the  correct  code  of  “MBK,”  which  does  not  include
entitlements to the benefits the applicant  wants  reinstated.   DoD
policy is that personnel who elect to voluntarily separate  are  not
entitled to separation pay.

The complete evaluation is at Exhibit C.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, applicant corrects  the
date he actually was released from active duty, 10 Dec  04  vice  15
Jan 05.  He also notes that  he  requests  the  three-year  Inactive
Ready Reserve commitment.  Applicant further notes that  because  of
the errors made in his case, he has been placed  in  a  position  of
significant hardship.  He states he has fulfilled  all  of  his  Air
Force commitments and now seeks the entitlements he was promised.

Applicant’s complete response is at Exhibit E.

__________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  We note that  the  appropriate
personnel from the applicant’s local Military Personnel Flight (MPF)
acknowledge their error in not notifying the applicant in  a  timely
manner that he had been briefed erroneously on the benefits he would
receive upon his separation from the Air  Force.   We  further  note
that AFPC in the correction issued on 18 Oct 04 advised  that  since
the problem was not  the  result  of  any  action  by  the  affected
members, they would not pursue retroactive correction against  those
members that had already separated.  Although the applicant had  not
separated as of the date of the correction, the failure by his local
MPF to timely notify him of the correction and subsequent change  in
the benefits he was told he would receive, placed him  on  par  with
those individuals who had indeed  separated.   We  believe  the  Air
Force’s decision to retroactively correct the applicant’s separation
code and  to  deny  him  the  benefits  he  based  his  decision  to
voluntarily separate from the Air Force on constitutes an injustice.
 As such, we believe he should retain the benefits he was advised he
would receive.  Therefore, in the interest of equity and justice, we
recommend his records be corrected as indicated below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of  the  Air  Force
relating to APPLICANT, be corrected to  show  that  on  10  December
2004, he was released from active duty with  separation  code  “LBK”
vice “MBK,” with entitlement to separation pay  and  other  benefits
authorized under the “Air Force Force Shaping Program, Phase II.”

_______________________________________________________________

The following members of the Board considered Docket Number BC-2005-
00388 in Executive Session on 12 April 2005, under the provisions of
AFI 36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Ms. Marcia Jean Bachman, Member

All members voted to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 27 Jan 05.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPR, dated 16 Feb 05.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 05.
     Exhibit E.  Memorandum, Applicant, dated 14 Mar 05.




                                   PEGGY E. GORDON
                                   Panel Chair
AFBCMR BC-2005-00388


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that on 10
December 2004, he was released from active duty with separation
code “LBK” vice “MBK,” with entitlement to separation pay and other
benefits authorized under the “Air Force Force Shaping Program,
Phase II.”




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency