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AF | BCMR | CY2006 | BC-2006-01067
Original file (BC-2006-01067.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01067
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  24 DECEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separating be changed so he can  receive  his
Montgomery GI Bill (MGIB) benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It doesn't state clearly the conditions under which he was  separated.
He spent more than two months to prove his  elibiblity  for  education
benefits, and in that process he had written a letter  to  Congressman
Norm Dicks.

In support of his appeal, the applicant has provided copies of DD Form
214, Certificate of Release or Discharge from Active Duty and DD  Form
215, Correction to DD Form 214, Certificate of  Release  or  Discharge
From Active Duty, and a letter from  the  Muskogee  OK  Department  of
Veterans' Affairs.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 8 April 2003.  He has been progressively promoted to the  grade  of
airman first class, having assumed that grade  effective  and  with  a
date of rank of 8 August 2004.

There is no AF IMT  31,  Airman's  Request  for  Separation/Separation
Based on Change in Service Obligation on file in the master  personnel
records. However, the attached Military Personnel Data System (MilPDS)
printout indicates applicant voluntarily submitted an application on 1
November 2004 under the FY04 Limited Active  Duty  Service  Commitment
(LADSC) Waiver Program requesting an effective date of  separation  of
15  October  2005.  The  Separation  Program  Designator   (SPD)   for
individuals being released from active duty  under  the  LADSC  Waiver
Program  will  be   "MND"   and   the   narrative   reason   will   be
miscellaneous/general reasons."

On 16 April 2003, the applicant signed the statement of  understanding
for all eligible members on DD Form 2366, Montgomery GI  Bill  Act  of
1984 Basic Enrollment (See Exhibit B).

On 15 October 2005, the applicant was released from active duty  under
the provisions of AFI 36-3208,  Administrative  Separation  of  Airmen
(miscellaneous/general  reasons),  with  character  of  service  being
honorable. He had served on active duty for a period of two years, six
months and eight days.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial and states based on the documentation  in
file in the master personnel records, the  separation  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation. Applicant did not submit  any  evidence  or  identify  any
errors or injustices that occurred in the separation  processing.  The
SPD and narrative reason for separation is correct and  no  corrective
action is required.

AFPC/DPPRS's complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
14 July 2006 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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  While the Board finds his desire
to pursue a higher education commendable, the Board is  not  persuaded
that  a  change  to  his  narrative  reason  for  separation  and  the
corresponding separation code is warranted.   Evidence  has  not  been
presented that would lead the Board to believe that the actions  taken
against the applicant were improper or contrary to the  provisions  of
the governing regulations in effect at the time.  Therefore, the Board
agrees with the opinion and recommendation of the Air Force office  of
primary responsibility and adopts its rationale as the basis for their
conclusion that he has not been the victim of an error  or  injustice.
In the absence of persuasive evidence to the contrary, the Board finds
no compelling basis to recommend granting 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 AFBCMR Docket Number BC-
2006-01067  in  Executive  Session  on  15  August  2006,  under   the
provisions of AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. LeLoy W. Cottrell, Member
            Ms. Karen A. Holloman, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2005-
01246 was considered:

    Exhibit A.  DD Form 149, dated 20 Mar 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 15 Jun 06.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Jul 06.





                                   RICHARD A. PETERSON
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary

AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD 20762-7002



      Reference your application submitted under the provisions of AFI
36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2006-01067.

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.

      You have the right to submit newly discovered relevant evidence
for consideration by the Board.  In the absence of such additional
evidence, a further review of your application is not possible.

      BY DIRECTION OF THE CHAIRMAN





                                   RALPH J. PRETE
                                   Chief Examiner
                                   Air Force Board for Correction
                                   of Military Records

Attachment:
Record of Board Proceedings

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