RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00384
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His narrative reason for separation be changed from Miscellaneous/General Reasons to Reduction in Force (RIF).
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APPLICANT CONTENDS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, does not accurately reflect he was discharged due to a RIF, causing him denial of access to the Department of Veterans Affairs (DVA) home loan program. His Air Force Specialty was over-manned; therefore, the Air Force allowed those in his specialty the option to separate/retire early, or transfer to the United States Army through the Blue to Green Program. He elected to separate early for entry into the Inactive Ready Reserve.
The applicants complete submission is at Exhibit A.
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STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in the Regular Air Force on 13 Apr 04.
On 11 Jul 05, the applicant requested to be separated, effective 15 Sep 05, pursuant to AFI 36-3208, Administrative Separation of Airmen, chapter 3, section B, paragraph 3.15 (Miscellaneous Reasons) for his participation in the Limited Active Duty Service Commitment (LADSC) Program. The applicant had an active duty service commitment date (ADSCD) of 4 Oct 06 and expiration term of service (ETS)/ date of separation (DOS) of 12 Apr 08.
On 19 Jul 05, the applicants commander recommended approval of his request for early separation.
On 15 Sep 05, the applicant was honorably discharged, with a narrative reason for separation of Miscellaneous/General Reasons, along with a separation program designator (SPD) code of MND and RE code of 3A. He was credited with 1 year, 5 months, and 3 days of total active service.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is at Exhibits C.
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AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. Based on the documentation on file in the applicants master personnel records, the discharge, to include the narrative reason for separation, was consistent with the procedural and substantive requirements of Air Force Instruction (AFI) 36-3208 and Military Personnel Flight Memorandum (MPFM) 04-35, attachment 2. He did not submit any evidence or identify any errors or injustices that occurred in the separation processing. The applicant entered active duty on 13 Apr 04 and was granted participation in the LADSC waiver program. Under this program, members were authorized to retire/separate prior to their date of separation and/or active duty service commitment date. The applicant separated on 15 Sep 05, prior to his ADSCD of 4 Oct 06 and ETS of 12 Apr 08. Thus, the applicants separation of Miscellaneous/General Reasons is correct.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8 Mar 13 for review and comment within 30 days (Exhibit D). As of this date, this office has received no response.
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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 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 injustice. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00384 in Executive Session on 12 Nov 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jan 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 28 Feb 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 Mar 13.
Panel Chair
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