RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01093
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Separation Code (SC) of "LBK" (Completion of Required
Service, and denied reenlistment with half separation pay) be
changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His SC of LBK is in error because he was told he could not
receive elective surgeries if he did not have more than six
months of time left in service. He was offered a program through
the Department of Veterans Affairs if he would separate early
from the Air Force.
Applicants complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 21 January 1998
and was progressively promoted of the grade of senior airman.
On 5 July 2006, the applicant's supervisor rendered an AF IMT
418, Selective Reenlistment Program Consideration, recommending
his nonselection for reenlistment. The commander concurred. The
supervisor and commander cited numerous Letters of Counseling and
Letters of Reprimand for failure to go, poor progress on the
physical fitness program, failure to pay financial obligations,
and profile issues. The applicant did appeal the decision. On
22 September 2006, his appeal was denied by the wing commander.
On 15 March 2007, he was honorably discharged in the grade of
senior airman, under the provisions of AFI 36-3208, Administrative Separation of Airmen, para 2.2 (EST Separation),
with a SC of "LBK" and a Reentry Code (RE) of 2X (First-term,
second-term, or career airman considered but not selected for
reenlistment under Selective Reenlistment Program). He served 9
years, 1 month and 25 days of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial of the applicant's request and
states that based on the documentation in the master personnel
record, the discharge to include his separation code and
narrative reason for separation was consistent with the
procedural and substantive requirements of the discharge
instruction. The applicant did not provide any evidence of an
error or an injustice that occurred in the discharge processing.
The SC code LBK is used to identify airmen who completed their
required active service. Members receiving this code are
eligible to receive half separation pay provided they have at
least six years total active service at the time of their
separation. Any correction to this code could result in the
recoupment of the applicant's separation pay.
The complete AFPC/DPSOS evaluation attached at Exhibit C.
AFPC/DPSOA recommends denial of the applicant's request and
states there is no evidence of an error or an injustice in his
record; nor did the applicant submit any evidence to support a
change. The applicant acknowledged his non-selection for
reenlistment and declared his intent to appeal the decision. It
appears the applicant never turned in his appeal package and the
appeal was denied by the wing commander.
The complete AFPC/DPSOA evaluation attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provides a copy of his military identification card
and a copy of his court-martial trial. In addition, he provides
a copy of the complaint he filed regarding illegal use of a
telephone, an Inspector General complaint of unfairness, and a
copy of his physical profile.
_________________________________________________________________
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, we agree with the opinions and
recommendations of the Air Force offices 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 an injustice. Furthermore, we note any correction to this code
could result in the recoupment of the applicant's separation pay.
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 probable 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-2009-01093 in Executive Session on 30 September 2009,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to Docket Number
BC-2009-01093 was considered:
Exhibit A. DD Form 149, dated 28 Feb 09 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 27 Jul 09.
Exhibit D. Letter, AFPC/DPSOA, dated 30 Jul 09.
Exhibit E. Letter, SAF/MIBR, dated 21 Aug 09.
Exhibit F. Applicant's Response, undated.
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