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AF | BCMR | CY2012 | BC-2012-05460
Original file (BC-2012-05460.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05460
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His narrative reason for separation (Miscellaneous/General 
Reasons) and corresponding separation code of “KND” be changed 
to reflect voluntary separation from the Air Force under a 
reduction in force program.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was voluntarily separated from the Air Force under the 
reduction in force program while he was a first term airman.  
His character of service was honorable and he would like his 
narrative reason for separation to reflect the same.

The applicant provides no documentation in support of his 
appeal.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 3 December 
2002.

AF IMT 31, Airman’s Request for Early Separation – Separation 
Based on Change in Service Obligation, reflects that on 9 June 
2004, the applicant requested separation under the Limited 
Active Duty Service Commitment (LADSC) Waiver Program – Force 
Shaping Program Phase II.

The applicant was honorably discharged on 15 August 2004 in the 
grade of airman first class under the provisions of AFI 36-
3208 (Miscellaneous/General Reasons).  He served 1 year, 8 
months and 13 days on active duty.

________________________________________________________________
_




AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR state the applicant’s date 
of separation was approved IAW MPFM 04-35.  MPFM 04-05, 
attachment 2, states that the 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.  The 
applicant provided no facts warranting a change to his 
separation action.

The complete DPSOR evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he is currently a GS-13 working for the 
Department of State.  When he initiated this request he was a 
GS-12 working for the Department of the Navy and was seeking new 
employment.  During interviews with the Department of Defense – 
his discharge was questioned – the interviewer felt that 
“general reasons” did not satisfactorily explain his separation; 
they believed it should reflect voluntary separation under a 
reduction in force program.  His narrative reason for separation 
made it incredibly difficult to compete for a promotional 
position within the federal government.  Also, he was not 
informed that he would not be eligible for the Montgomery GI 
Bill, or the VA Housing Loan, upon separation due to individual 
length of service requirements.  He is able to take advantage of 
partial education benefits.  Unless the narrative reason for 
separation is changed to reflect that he voluntarily separated 
he is not eligible for the VA Housing Loan.

The applicant’s complete response, with attachment, is at 
Exhibit E.

________________________________________________________________
_

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

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 to include his 
rebuttal comments in judging the merits of the case; however, we 
find no evidence of an error or injustice that occurred during 
the discharge process.  Based on the available evidence of 
record, it appears the discharge was consistent with the 
substantive requirements of the discharge regulation and within 
the commander's discretionary authority.  The applicant has 
provided no evidence, which would lead us to believe the 
narrative reason for separation was contrary to the provisions 
of the governing regulation.  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 the applicant has failed to sustain his burden of 
proof of the existence of an error or injustice.  In the absence 
of evidence to the contrary, we find no basis to recommend 
granting the relief sought in this application.

________________________________________________________________
_

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-2012-05460 in Executive Session on 4 September 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05460 was considered:

  Exhibit A.  DD Form 149, dated 19 November 2012.
  Exhibit B.  Applicant’s Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSOR, dated 29 January 2013, 
w/atchs.
  Exhibit D.  Letter, SAF/MRBR, dated 17 February 2013.
  Exhibit E.  Letter, Applicant, 20 August 2013, w/atch.





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