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AF | BCMR | CY2009 | BC-2008-01449
Original file (BC-2008-01449.DOC) Auto-classification: Approved




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01449
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The  Type  of  Separation,  Narrative  Reason  for   Separation,   and
Separation Code  on  his  DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty, be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was separated under the Reduction in Force (RIF) Program.  However,
his DD Form 214 contains errors that appear to  reflect  a  separation
under the Voluntary Separation Program (VSP).

In support of his appeal, the applicant  provides  extracts  from  his
military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air  Force
on 13 May 95 and voluntarily ordered to extended active duty on 15 Jun
95.

On 11 Jun 07, he was considered and nonselected for retention  by  the
RIF Board.  As a result, he was projected for involuntary release from
active duty.  His DD Form 214 reflects he resigned  from  active  duty
under the provision of AFI 36-3207  (Force  Shaping  –  VSP),  with  a
separation code of LCN.  He was credited with 12 years, 7 months,  and
15 days of active service.

By Special Order GA-664, dated 8 Nov 07, the applicant was awarded the
Defense Meritorious Service Medal (DMSM) for exceptionally meritorious
service during the period 28 Nov 06 to 29 Jan 08.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS indicates that a review of  the  applicant’s  DD  Form  214
reveals there was an error in the amount of  separation  pay  and  the
narrative  reason  for  separation.   Therefore,  they  recommend  the
narrative reason for separation be corrected to reflect “Force Shaping
– (Board Selected),” and the amount of separation pay be corrected  to
reflect “Non-disability Severance Pay - $91,931.82.

A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  20
Jun 08 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit D).

_________________________________________________________________

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.  After a thorough review of the facts
and circumstances of this case, we concur  with  AFPC/DPSOS  that  the
applicant’s narrative reason for separation is erroneous and should be
changed.  As DFAS has confirmed the correct amount  of  his  severance
pay, we also agree that the amount of severance pay reflected  on  his
DD Form 214 is inaccurate warranting corrective action.   However,  no
evidence has been presented which would lead us to believe his type of
separation and separation code are in error.   Additionally,  we  note
the applicant’s DD Form 214  will  be  corrected  administratively  to
reflect award of the DMSM.  Therefore, no further action by this Board
is necessary regarding this portion of his appeal.   In  view  of  the
foregoing, we recommend the applicant’s records be  corrected  as  set
forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show  that  his  DD  Form  214,
Certificate of Release or Discharge from Active Duty,  be  amended  in
Item  13  (Remarks)  to  reflect  Non-disability   Severance   Pay   -
$91,931.82; and in  Item  28  (Narrative  Reason  for  Separation)  to
reflect Force Shaping – Board Selected.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2008-01449 in Executive Session on 19 Nov 08, under the provisions  of
AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. Anthony P. Reardon, Member
      Mr. James G. Neighbors, Member

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

     Exhibit A.  DD Form 149, dated 19 Nov 08, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOS, dated 10 Jun 08, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 08.




                                   WAYNE R. GRACIE
                                   Panel Chair




AFBCMR BC-2008-01449




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 , be corrected to show that his DD Form 214,
Certificate of Release or Discharge from Active Duty, be, and hereby
is, amended in Item 13 (Remarks) to reflect Non-disability Severance
Pay - $91,931.82; and in Item 28 (Narrative Reason for Separation) to
reflect Force Shaping – Board Selected.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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