Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-02405
Original file (BC-2006-02405.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02405
            INDEX CODE: 110.02
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 13 Feb 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for his 2005 release from active duty be  changed
from miscellaneous/general reasons to reduction in force (RIF).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told by personnel in the retirement and separations  office  at
Osan that he was leaving under a  RIF.  In  support  of  his  request,
applicant provided his DD Form 214, a letter from Senator McCain,  and
extracts from AFI 36-3208, Administrative Separation of Airmen.

The applicant submits his AF Form 100  (Request  &  Authorization  for
Separation), a letter from his  senator  forwarding  his  appeal,  and
extracts from AFI 36-3208 (Administrative Separation of Airmen).   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Limited Active Duty  Service  Commitment  (LADSC)  Waiver  Program
allows officers and enlisted personnel either to  retire  or  separate
prior to completing specified ADSCs or service  commitments  inclusive
of normal dates of separation/expiration of term of service (DOS/ETS).
 Personnel who separate would do so under the miscellaneous provisions
of AFI 46-3207, Separating  Commissioned  Officers,  or  AFI  36-3208,
Administrative  Separation  of  Airmen.   No  commander,   supervisor,
agency, unit  or  organization  is  authorized  to  delay,  divert  or
disapprove applications under this program.

According  to  HQ  AFPC/DPPRS,  the  Military  Personnel  Data  System
(MilPDS) reflects the applicant voluntarily submitted  a  request  for
separation under the LADSC Waiver Program and AFI  36-3208,  paragraph
3.15 (miscellaneous reasons), on 31 Jan 05 for 1 May 05  (Exhibit  C).
According to  the  Military  Personnel  Flight  Memorandum  (MPFM)  4-
35(Exhibit C), the 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.

After one year, two months,  and  six  days  of  active  service,  the
applicant was released from active duty and transferred  to  the  USAF
Reserve on 1 May 05 with an SPD of MND and the corresponding narrative
reason of miscellaneous/general reasons.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS notes there is no AF  IMT  31,
Airman’s Request for Early Separation/Separation Based  on  Change  in
Service Obligation, on file in the applicant’s master personnel record
(MPR). He was separated under the Air  Force  Force  Shaping  Program.
Based on the documentation on  file  in  MilPDS,  the  separation  was
consistent  with  the  procedural  requirements   of   the   discharge
regulation.  The applicant did not submit  evidence  or  identify  any
errors or injustices  and  the  narrative  reason  for  separation  is
correct.

The complete HQ AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 8 Sep 06 for review and comment within 30  days  (Exhibit
D).  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 to warrant changing the  narrative
reason  for  the  applicant’s  separation  from  miscellaneous/general
reasons to RIF.  The applicant separated under a force-shaping program
which,  unlike  a  RIF,  has  provisions  for  voluntary  separations.
According  to  HQ  AFPC/DPPRS,  the  MilPDS  reflects  the   applicant
voluntarily submitted a request to separate  under  the  LADSC  Waiver
Program.  The SPD code/narrative reason for individuals like him being
released under the LADSC Waiver Program was MND/miscellaneous reasons.
We therefore agree with the recommendations of the Air Force and adopt
their rationale that the applicant has not  sustained  his  burden  of
having suffered either an error or an  injustice.   Absent  persuasive
evidence to the contrary, we find no compelling  reason  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  this  application  in
Executive Session on 28 November 2006 under the provisions of AFI  36-
2603:

                 Ms. Cathlynn B. Novel, Panel Chair
                 Ms. Judith B. Oliva, Member
                 Mr. Don H. Kendrick, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-02405 was considered:

   Exhibit A.  DD Form 149, dated 14 Aug 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 25 Aug 06.
   Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 06.





                                   CATHLYNN B. NOVEL
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-01051

    Original file (BC-2006-01051.doc) Auto-classification: Denied

    DPPRS’s complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded to the Air Force Advisory by explaining his options for early separation from the Air Force and how he arrived at his decision to separate early. The Board notes that airmen separating under the Palace Chase program incur a service commitment double that of their remaining active duty commitment. ...

  • AF | BCMR | CY2006 | BC-2005-03541

    Original file (BC-2005-03541.doc) Auto-classification: Approved

    DFAS-POCC/DE states the applicant was discharged with an SPD code of MND. The applicant asserts that he was told by his officers that he would not have to repay his SEB when he voluntarily submitted a request for separation under the LADSC Waiver Program. JAMES W. RUSSELL III Panel Chair AFBCMR BC-2005-03541 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,...

  • AF | BCMR | CY2006 | BC-2006-00321

    Original file (BC-2006-00321.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00321 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show his Separation Program Designator (SPD) code as one that reflects a separation under the Palace Chase program instead of “MND”, “Miscellaneous/General...

  • AF | BCMR | CY2006 | BC-2006-01866

    Original file (BC-2006-01866.doc) Auto-classification: Denied

    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. The specific authority through which he...

  • AF | BCMR | CY2009 | BC-2008-02885

    Original file (BC-2008-02885.doc) Auto-classification: Denied

    The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, incorrectly reflects the applicant’s separation code and narrative reason as “MBK” and “completion of required active service.” The separation code should reflect “MND” and a narrative reason of “Miscellaneous/General Reasons.” HQ AFPC/DPSOS’s complete evaluation, with attachments, is at Exhibit C. HQ AFPC/DPSOA reviewed the application and recommends denial, stating, in part, that on 15 Jun 05, the applicant...

  • AF | BCMR | CY2006 | BC-2006-02785

    Original file (BC-2006-02785.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends denial of the applicant’s request to change his SPD code. According to the Military Personnel Flight Memorandum 04-35, the SPD code for individuals being released under the LADSC Waiver Program will be “MND” and the narrative reason will be “miscellaneous/general reasons.” The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge...

  • AF | BCMR | CY2007 | BC-2007-00676

    Original file (BC-2007-00676.DOC) Auto-classification: Approved

    Air Force Instruction 36-3202, Separation Documents, 20 May 94, states that item 11 of the DD Form 214 will reflect the primary AFSC code (PAFSC) and all additional AFSCs in which the member served for one year or more, during member’s continuous active military service, and for each AFSC, the title with years and months of service. The Separation Program Designation (SPD) code issued in conjunction with his 18 June 2004 release from active duty is correct; however, a majority of the Board...

  • AF | BCMR | CY2013 | BC-2013-00384

    Original file (BC-2013-00384.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00384 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation be changed from “Miscellaneous/General Reasons” to “Reduction in Force (RIF).” ________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214, Certificate of Release or...

  • 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. _________________________________________________________________ AIR FORCE...

  • AF | BCMR | CY2006 | BC-2005-02735

    Original file (BC-2005-02735.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02735 INDEX CODE: 110.02 XXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 4 FEB 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation be changed from miscellaneous/general reasons to reduction in force and his records be corrected to reflect his eligibility for the...