RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01402
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 OCTOBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation program designator  (SPD)  be  changed  from  “KND”  to
“LCC,” to be entitled to full separation pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes this error is due to an oversight.

In support of the appeal, applicant submits two copies of his DD  Form
214 and a copy of AFI 36-3208, Chapter 9, Separation Pay.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 17 May 1991.

EPR profile since 1993 reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

        16 Jan 93            4
        16 Jan 94            5
        16 Jan 95            5
        11 Sep 95            5
        11 Sep 96            5
        11 Sep 97            5
        11 Sep 98            5
        11 Sep 99            5
        11 Sep 00            3
        11 Sep 01            4
         3 Sep 02            2

He received three Articles 15:  (1) On 10 April 2000, for  failure  to
obey a lawful order.  Punishment consisted of reduction to  the  grade
of E-4 (senior airman), suspended until 23 August 2000, at which  time
it will be remitted without further  action,  unless  sooner  vacated;
forfeiture of $100.00 pay per month for two months, and  a  reprimand.
(2) On 29 January 2002, for being disrespectful to  a  noncommissioned
officer. Punishment consisted of reduction to the grade of E-4 (senior
airman) and a reprimand.  And,  (3)  on  18  October  2002,  applicant
received an Article 15  for  being  derelict  in  the  performance  of
duties.  Punishment consisted of reduction to the grade of E-3 (airman
first class).

In accordance with AFI 36-3208, Chapter 10, applicant’s high  year  of
tenure was established as 17 May  2003,  upon  being  reduced  to  E-4
(senior airman) effective 28 January 2002.

On 13 September 2002, applicant submitted a voluntary application  for
separation  via  an  AF  Form   31,   Airman’s   Request   for   Early
Separation/Separation Based on Change in Service Obligation, under the
provisions of AFI 36-3208, Chapter 3,  paragraph  3.15  (miscellaneous
reasons).

Applicant was separated from the Air Force on 18  October  2002  under
the provisions of AFI 36-3208,  Administrative  Separation  of  Airmen
(miscellaneous/general reasons), with an honorable discharge.  He  had
served 11 years, 5 months and 2 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states in accordance with AFI  36-3208,  paragraph  10.4.4,
members reduced to Senior Airman or below before reaching 12 years  of
service (YOS) will be allowed to remain in the Air  Force  until  they
reach 12 YOS, which is the normal high year of tenure (HYT).  However,
they are not entitled to remain on active duty for one SSgt  promotion
cycle consideration unless they can qualify  for  promotion  prior  to
reaching 12 YOS.  According to the  commander’s  memorandum  dated  13
September 02, applicant’s HYT was established as 17 May  2003  and  he
was not eligible for promotion testing prior to his HYT  date,  making
him ineligible for reenlistment.

AFPC/DPPRS  indicates  the  applicant’s  application   for   voluntary
separation was erroneously approved under paragraph  3.15.   Applicant
should have been separated under AFI 36-3208, Chapter 2, paragraph 2.2
and given an SPD of “JBK” (completion of  required  active  service  -
denied reenlistment - one half separation pay)  effective  18  October
2002, with an honorable discharge.  Therefore, they recommend approval
for one half separation pay.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 May 2005, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response within  30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 to warrant changing the separation
program designator (SPD) for  the  applicant’s  separation.   In  this
respect, we note AFPC/DPPRS recommends approving the  application  for
one half separation pay.  DPPRS states, in  accordance  with  AFI  36-
3208, paragraph 10.4.4, members reduced  to  senior  airman  or  below
before reaching 12 years of service (YOS) will be allowed to remain in
the Air Force until they reach 12 YOS, which is the normal  high  year
of tenure (HYT).  However, they are not entitled to remain  on  active
duty for one staff sergeant promotion cycle consideration unless  they
can qualify for promotion prior to reaching 12 YOS.  As stated in  the
commander’s memorandum dated 13 September 2002,  the  applicant’s  HYT
was established as 17 May 2003 and he was not eligible  for  promotion
testing prior to his HYT date, making him ineligible for reenlistment.
  We  agree.   Therefore,  we  recommend  the  applicant’s  record  be
corrected to the extent 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  he  was  separated
under the provisions of AFI 36-3208, paragraph 2.2;  narrative  reason
for separation “completion of required service” and separation program
designator (SPD) of “JBK.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 January 2006, under the provisions of AFI  36-
2603:

                  Mr. Michael J. Novel, Panel Chair
                  Ms. Janet I. Hassan, Member
              Ms. Renee M. Collier, Member

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

   Exhibit A.  DD Form 149, dated 18 Apr 05, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 12 May 05, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 20 May 05.




                                   MICHAEL J. NOVEL
                                   Panel Chair







AFBCMR BC-2005-01402




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 APPLICANT, be corrected to show that he was
separated under the provisions of AFI 36-3208, paragraph 2.2;
narrative reason for separation “completion of required service” and
separation program designator (SPD) of “JBK.”






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency