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AF | BCMR | CY2009 | BC-2008-02059
Original file (BC-2008-02059.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02059
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative  reason  for  separation  (Miscellaneous/General  Reasons)  be
changed to Air Force Shaping/Early Out Program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  declined  a  Department  of  Veterans  Administration  (DVA)   loan
certificate of eligibility based on incorrect information in his records.

In support of his request, the applicant provided a  copy  of  his  DD  Form
214, Certificate of Release or Discharge from Active Duty  and  AF  IMT  31,
Airman’s Request for Early Separation/Separation Based on Change in  Service
Obligation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 16 March 2004  in  the  grade
of airman basic.  He was progressively  promoted  to  the  grade  of  airman
first class having assumed that grade effective 25  June  2004  and  with  a
date of rank of 30 April 2004.  He  served  as  an  Aircrew  Egress  Systems
Apprentice.  The applicant was discharged on 30  June  2005.   He  served  1
year, 3 months and 15 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS states the applicant initially  entered
active duty on 25 November 2003 under the Delayed  Entry/Enlistment  Program
for a period of six years.  The applicant’s date of separation was  approved
in  accordance  with  MPFM  04-35,  dated  11  August  2004.   MPFM   04-35,
attachment 2,  states  that  the  Limited  Active  Duty  Service  Commitment
(LADSC) waiver program allows officers  and  enlisted  personnel  to  either
retire  or  separate  prior  to  completing  specified  ADSC’s  or   service
commitments inclusive of normal DOS/ETS.  Personnel who separate will do  so
under the miscellaneous provision of AFI 36-3208.  The narrative reason  for
separation of  “Miscellaneous/General  Reasons”  is  the  correct  narrative
reason for separation.

Based on the documentation on file in  the  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The applicant did not submit any  evidence  or
identify  any  errors  or  injustices  that  occurred  in   the   separation
processing.  He provided no facts warranting  a  change  to  his  separation
action.

The complete DPSOS evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 August 2008, a copy of the Air Force evaluation was  forwarded  to  the
applicant 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 an  error  or  injustice.   After  a  thorough  review  of  the
evidence  of  record,  it  is  our  opinion  that  given  the  circumstances
surrounding his separation from the Air  Force,  the  narrative  reason  for
separation assigned was  proper  and  in  compliance  with  the  appropriate
instructions.  Therefore, we agree with the opinion  and  recommendation  of
the Air Force office of primary responsibility and adopt  its  rationale  as
the basis for our conclusion that the applicant has not been the  victim  of
either an error or injustice.  The applicant claims  he  was  denied  a  DVA
loan certificate of eligibility based his narrative reason  for  separation.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the  relief  sought.   We  have  been
advised by a representative from the DVA that the applicant  should  reapply
for a loan certificate through the DVA and he should present a copy  of  his
AF IMT 31, Airman’s Request for Early Separation/Separation Based on  Change
in Service Obligation, which reflects early  separation  was  due  to  Force
Shaping.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-2008-
02059 in Executive Session on 16 September 2008,  under  the  provisions  of
AFI 36-2603:

                 Mr. Joseph D. Yount, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 May 2008, w/atchs.
   Exhibit B.  Applicant's Master Personnel Record.
   Exhibit C.  Letter, AFPC/DPSOS, dated 9 July 2008, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 1 August 2008.





                 JOSEPH D. YOUNT
                 Panel Chair

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