RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00752
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
Her separation program designator (SPD) code of LGH on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to LBK, as is reflected on her separation orders.
APPLICANT CONTENDS THAT:
The SPD code of LGH (Failure to meet minimum standards) is false as she exceeded all Air Force standards. The SPD code LBK (Service Initiated Release) accurately reflects her participation in the Rollback Program. The Defense Finance and Accounting System (DFAS) is unjustly seeking to collect a debt from her based on the incorrect SPD code reflected on the DD Form 214.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 15 Jul 03.
On 8 Aug 08, the applicant signed a DD Form 4, Enlistment/ Reenlistment Document Armed Forces of the United States, reenlisting for a period of 5 years and 11 months, requiring her to serve through 7 Jul 14. For this reenlistment, she was paid a Selective Reenlistment Bonus (SRB) for the five additional years of service.
Under Special Order AG-052135, dated 28 Feb 13, the applicant was authorized to separate effective 31 May 13. Her SPD code was LBK, and the orders stated Member is authorized half separation pay based on SPD code.
On 31 May 13, the applicant was furnished an honorable discharge, with an SPD code of LGH, a narrative reason for separation of Non-retention on active duty, and was credited with 9 years, 10 months, and 16 days of total active service. The DD Form 214 states Member is authorized separation pay. Final entitlement amount to be determined by DFAS upon final pay resolution.
In accordance DFAS Bonus Recoupment Sheet for the applicant, based upon her date of separation of 31 May 13, she failed to serve 397 days of her five year enlistment, for which she had been paid an SRB. The unearned portion of her SRB to be recouped came to $4,956.54.
The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. The applicant was separated under the FY13 Force Management Program for refusing to get PCS or TDY assignment retainability, to include declining retainability for a deployment. On 27 Jun 12, the applicant signed an AF Form 964, PCS, TDY, Deployments, or Training Declination Statement, refusing to obtain the required retainability for a Permanent Change of Station (PCS) assignment. Based upon the applicant having declined retainability, she was properly separated with an SPD code of LGH non-retention on active duty. In accordance with SecAF Memorandum, Fiscal Year (FY13) Force Management Program, dated 31 Jan 13, Airmen with six or more years of active service and less than 20 years of active service not serving in their initial term of enlistment are authorized one-half separation pay. The applicants official records show she had more than six years but less than 20 years of active service and was not in her initial enlistment at the time of the FY13 DOS rollback program. Therefore, the applicant was authorized to receive one-half separation pay. The SPD code of LBK reflected on her DD separation orders was correct at the time the orders were produced. It was a temporary code which Headquarters Air Force authorized for use to reflect members receiving one half separation pay until the SPD code of LGH could be updated into the military personnel database and reflected on all authorized DD Forms 214 produced under this guidance. Once the SPD code of LGH was in the database and capable of being produced on automated DD Forms 214, it replaced SPD code LBK as the correct code to use for half separation pay. Therefore, even though the applicants separation orders and DD Form 214 reflect different SPD codes, they both mean she is entitled to half-separation pay. There is no an error on her DD Form 214. The applicant did not specify what funds DFAS was seeking to collect from her. Unless the applicant proves that an erroneous recoupment took place by DFAS, her request should be denied.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 23 Apr 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.
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. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSOR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
4. The applicants case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.
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.
The following members of the Board considered AFBCMR Docket Number BC-2014-00752 in Executive Session on 23 May 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 13 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 23 Apr 15.
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