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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