RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00068 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

He receive separation pay for his 14 years of service. 

 

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APPLICANT CONTENDS THAT: 

 

His separation was due to High year Tenure (HYT); however, he 
never received separation pay. He was not allowed to test, 
cross-train, or reenlist. He was told by his Operations 
Superintendent that his only option was to separate and nothing 
could be done for him to stay in the service. 

 

In support of his appeal, the applicant provides copies of his AF 
Form 366, Record of Proceedings of Vacation of Suspended 
Nonjudicial Punishment; a date of rank (DOR) adjustment 
worksheet; a Statement of Service; excerpts from the DoD 
Financial Management Regulation; and his DD Form 214, Certificate 
of Release or Discharge from Active Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was separated from the Air Force on 10 July 2007 
under the provisions of Air Force Instruction 36-3208, paragraph 
3.15, for miscellaneous/general reasons, with an honorable 
characterization of service. He served 7 years, 11 months, and 
1 day on his current term of active duty with 6 years and 6 
months of prior active service. According to the limited 
available service records, the applicant received Article 15 
punishment for utilizing his government travel card for 
unofficial purposes. His punishment consisted of reduction in 
grade to senior airman (SrA), forfeiture of $200 pay per month 
for two months, restriction to the base for 35 days, 35 days 
extra duty, and a reprimand. That portion of his punishment 
concerning reduction in grade was suspended through 25 April 
2007; however, was vacated on 5 December 2006 for violating one 
or more conditions of the suspension. He was subsequently 


reduced to the grade of SrA with a new DOR of 26 October 2006. 
As a result of the demotion action, the applicant’s high year of 
tenure (HYT) date was established as 7 December 2007. His date 
of separation (DOS) was 2 January 2008. 

 

After being approved for a voluntary separation, the applicant 
was honorably discharged effective 10 July 2007 for 
miscellaneous/general reasons. He served a total of 14 years, 
5 months, and 1 day on active duty. According to the Defense 
Finance and Accounting Service, he received a final separation 
payment of $407 for pay and allowances, and 2.5 days lump sum 
leave. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denying the applicant’s request. DPSOS 
indicates that individuals who request voluntary separation are 
normally not entitled to separation pay. In order for the 
applicant to have been eligible for separation pay, he must have 
separated in his HYT month, or requested to separate prior to his 
HYT month after release of the staff sergeant promotion list 
(August 2007) for which he was time-in-grade eligible. This 
provision applies whether the applicant was eligible or 
ineligible to test for other reasons other than being time-in-
grade eligible. Since the applicant requested early separation 
prior to the release of the promotion list, he was ineligible for 
separation pay. 

 

DPSOS states the applicant did not submit any evidence or 
identify any errors or injustices that occurred in the discharge 
processing. 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 complete DPSOS evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states he would have stayed in the Air Force and 
finished a 20-year career if he could have; however, he was never 
given the opportunity to test for the 2007 cycle for promotion to 
staff sergeant. He was advised by his commander and Operations 
Superintendent that it was in his best interest to start making 
plans for a life outside of the Air Force. Therefore, he found a 
job that had an opening date in August 2007. He talked to the 
personnel in the separations unit about an early-out and if it 
would affect his separation pay; however, he was told that it 
would not, because he was unable to test for promotion, he could 
not cross-train, and he had no options to have a career in the 


Air Force. He was told that all he needed to do was to get his 
commander’s approval for an early separation. His commander saw 
no opportunities for him to remain in the Air Force and indicated 
he would receive separation pay. 

 

He does admit that he voluntarily asked to leave the Air Force, 
but this was under the advisement of his commander and the 
personnel in the military separations office. 

 

The applicant’s rebuttal is at Exhibit C. 

 

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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 an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, in the absence of evidence 
confirming miscounselling by the Operations Superintendent or his 
commander, we agree with the opinion and recommendation of the 
Air Force office of primary responsibility and adopt their 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find 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 this application in 
Executive Session on 15 October 2009, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence for AFBCMR Docket Number BC-
2009-00068 was considered: 

 

 Exhibit A. DD Form 149, dated 3 Jan 09, w/atchs. 

 Exhibit B. Letter, AFPC/DPSOS, dated 7 Jul 09. 

 Exhibit C. Letter, SAF/MRBR, dated 24 Jul 09. 

 Exhibit D. Applicant's Rebuttal, undated. 

 

 

 

 

 

 Panel Chair