RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01866
            INDEX CODE:  110.02
      XXXXXXX
            COUNSEL:  NONE

            HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  23 DECEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation code of "MND" and narrative reason  for  separating  be
changed so he can receive his Montgomery GI Bill (MGIB) benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After his separation from  the  Air  Force,  the  Department  Veterans
Affairs determined he had a service connected  disability.   For  this
disability, he had to separate early and he feels his separation  code
should be changed.  His first sergeant advised him this was  the  only
way he could separate from the Air Force. At the time,  he  understood
his enlistment bonus was waived, however, it was not.

In support of his  appeal,  the  applicant  has  provided  a  personal
letter, a copy 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 Wichita KS 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  1  October  2002  for  a  period  of  four  years.   He  has  been
progressively promoted to the grade  of  airman  first  class,  having
assumed that grade effective and with a date of rank of 4 April  2003.


The specific authority through which he requested release from  active
duty was the Memorandum for All Military Personnel Flights (MPFM)  04-
25, Air Force Shaping  Program,  Phase  II.  This  MPFM  provided  the
Separation Program Designator (SPD) assigned to individuals requesting
rollback of their dates of  separation  (DOS)  to  be  "MND"  and  the
narrative reason for discharge noted on their DD  Form  214  would  be
"miscellaneous/general reasons." Also included  in  this  MPFM  was  a
statement of understanding for each applicant declaring: "I understand
that if I am currently enrolled in the Montgomery GI Bill  (MGIB)  and
separate under the LADSC Waiver Program, PALACE CHASE Program  or  for
miscellaneous reasons, I must serve at least 30 months or a  three  or
more years commitment, or at least 20 months of a commitment less than
three years to be eligible for the MGIB."

On 8 January 2002, 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 1 September 2004, 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     1 year, 11
months and 1 day.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial and states based on the documentation  on
file in the MilPDS and the MPFM that announced Phase II of  the  Force
Shaping Program, the separation was  consistent  with  the  procedural
requirements of the separation regulation. The separation  was  within
the discretion of the separation authority.

Applicant did not submit  any  evidence  to  identify  any  errors  or
injustices that occurred in the separation processing. The  Separation
Program Designator (SPD)  and  narrative  reason  for  separation  are
correct and no corrective action is required.

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

AFPC/JA recommends denial and states the applicant's contention he  is
entitled to  relief  from  the  AFBCMR  to  retroactively  change  his
discharge basis  so  he  may  collect  MGIB  educational  benefits  is
completely without merit. The FY 2004 Force Shaping  Program  provided
certain individuals with an opportunity to voluntarily terminate their
enlistments  early.  Many,  including  the   applicant,   found   this
opportunity attractive and chose to leave  the  Air  Force  to  pursue
other career possibilities in the civilian sector. The Air Force  also
benefited through this program by greatly reducing  the  size  of  its
enlisted force with individuals who preferred to  leave  active  duty.
The applicant was expressly alerted that  if  his  request  for  early
release from the Air Force was accepted he  would  be  ineligible  for
MGIB benefits due to having served less than 36 months on active duty.


The applicant presents an unsubstantiated and self-serving  allegation
that his first sergeant provided erroneous advice that he should  seek
voluntary separation from  the  Air  Force  under  the  early  release
program because his knee surgeries rendered him physically  unable  to
perform military duties.  He contends the VA's decision to grant him a
disability rating of 10% in both knees  now  dictates  the  Air  Force
should have processed him for a medical discharge rather  than  permit
him to seek a voluntary separation under the  Force  Shaping  Program.
Arguments of this nature have been previously review and  rejected  by
the courts.

AFPC/JA's complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
28 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.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded his SPD code should be changed to one that qualifies him for
MGIB benefits.  The 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.  The applicant requested discharge  from  active  duty  due  to
miscellaneous/general reasons and separated on 1 September  2004  with
less than a full term of service and less than  30  months  of  active
duty.  The applicant has not established to our satisfaction that  his
SPD was then, or is now, inaccurate or  unjust.   We  therefore  agree
with the recommendations of the Air  Force  and  adopt  the  rationale
expressed as the basis for our decision that  the  applicant  has  not
sustained his  burden  of  having  suffered  either  an  error  or  an
injustice.  In view of the above and absent persuasive evidence to the
contrary, we conclude her request should be denied.

_________________________________________________________________

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-
2006-01866 in Executive  Session  on  26  September  2006,  under  the
provisions of AFI 36-2603:

            Mr. James W. Russell III, Panel Chair
            Ms. Janet I. Hassan, Member
            Mr. Patrick C. Daugherty, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01866 was considered:

    Exhibit A.  DD Form 149, dated 24 Jun 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 11 Jul 06, w/atchs.
    Exhibit D.  Letter, AFPC/JA, dated 21 Jul 06
    Exhibit E.  Letter, SAF/MRBR, dated 28 Jul 06.





                                   JAMES W. RUSSELL III
                                   Panel Chair