RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00885
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His record be change to reflect that he served six years so that
he is eligible for separation pay.
APPLICANT CONTENDS THAT:
His Total Active Federal Service (TAFMS) should be over six
years to be eligible for separation pay.
He was also told that he did not need six years for separation
pay as long as his discharge was honorable. His discharge was
honorable with a Separation Program Designator (SPD) code of JGB
(Failure of selection for permanent promotion).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 19 Dec 08, the applicant entered the Regular Air Force.
In a letter dated 1 Jul 13, his commander notified him he was
not selecting for promotion to the grade of captain by the CY13C
Captain (LAF) Central Selection Board. This was the second time
he was not selected for promotion and In Accordance With (IAW)
the law he had to separate not later than 30 Apr 14.
On 30 Apr 14, the applicant received an honorable discharge, and
was credited with 5 years, 4 months, and 12 days of active
service.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice. IAW DoDI 1332.29, Eligibility of
Regular and Reserve Personnel for Separation Pay, the service
member is eligible if The member is on AD or full-time National
Guard duty and has completed at least 6 years, but fewer than 20
years of active service. Since the applicant has less than six
years of TAFMS, he is ineligible to receive separation pay.
The complete 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 19 Sep 14 for review and comment within 30 days
(Exhibit D). 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 the Air Force office of primary responsibility
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.
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00885 was considered:
Exhibit A. DD Form 149, dated 26 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 26 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 14.
AF | BCMR | CY2014 | BC 2014 01420
Applicant v US, 163 F.3d 1304. Additionally, he now argues that the version of the law that governed SSBs (10 USC 628) in effect at the time his case was considered (85-98) mandated that he be on the ADL in order to be considered by an SSB; that his record be reconstructed up to the time of the November 94 SSBs (also requiring that the applicant be constructively reinstated to active duty back to 85, with back pay and related benefits); and that his record reflect he was retired as a...
AF | BCMR | CY2014 | BC 2014 01718
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01718 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His retired pay be recalculated when he turns 62 years old to include public community service he performed after he retired in accordance with the Temporary Early Retirement Authority (TERA). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force...
AF | BCMR | CY2013 | BC 2013 05064
303a(e) which states if a member under a written agreement for pay or benefit does not fulfill the service conditions for the pay or benefit, then repayment of the unearned portion of the pay or benefit will be sought, unless the Secretary of the military department concerned (or designee) makes a case-by-case determination that to require repayment of an unearned portion of the pay or benefit would be contrary to a personnel policy of management objective, against equity or good...
AF | BCMR | CY2014 | BC 2014 01316
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01316 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His retirement pay be adjusted to include his time as a term civil service employee. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSOR...
AF | BCMR | CY2014 | BC 2014 00431
He was told that he would receive an honorable discharge with full separation pay under HYT but the error with his promotion caused him to only receive half separation pay. AIR FORCE EVALUATION: AFPC/DPSOE recommends denial of the applicants request to be considered for promotion to the grade of TSgt indicating he was separated on 17 Dec 13 and ineligible in accordance with AFI 36- 2502, Airman Promotion Program Table 2.1. The complete DPSOE evaluation is at Exhibit C. AFPC/DPSOR...
AF | BCMR | CY2004 | BC-2004-00223
On 10 Sep 03, the Board did not restore his SSgt grade but instead promoted him to senior airman effective 9 Apr 03 and waived the HYT restriction so he could be eligible for promotion consideration by the 04E5 cycle. His present reenlistment (RE) code of 4D renders him ineligible to reenlist because of HYT restrictions, i.e., he has not yet been promoted to SSgt. A complete copy of the evaluation is at Exhibit D. HQ AFPC/DPPRR notes the applicant is not reenlistment eligible,...
AF | BCMR | CY2013 | BC 2013 05698
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05698 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be returned to active duty. ________________________________________________________________ APPLICANT CONTENDS THAT: She was retired on 1 Nov 13 based on her Mandatory Separation Date (MSD); however, she was selected for promotion to the grade of...
AF | BCMR | CY2010 | BC-2009-03206
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate office of the Air Force at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOR recommends denial. DPSOR opines the member and his commander clearly initiated the CSB election knowing the applicant was facing medical discharge action and there was no way he...
AF | BCMR | CY2004 | BC-2004-01080
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01080 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His period of service be extended from 31 Aug 04 to 31 Dec 04, in order to reach 18 years of total active federal military service (TAFMS), so that he may reach the sanctuary and continue to serve until retirement at 20 years of...
AF | BCMR | CY2013 | BC 2013 03988
In a letter to the applicant dated 10 December 2013, AFPC/DPSID advised him that his first avenue of relief for his request to replace the 14 January 2012 EPR with the 4 July 2011 and 16 January 2012 electronic EPRs would be through the Evaluation Report Appeals Board (ERAB). AIR FORCE EVALUATION: AFPC/DPSOE recommends the applicant's record be corrected to reflect promotion to the rank of TSgt with a Date of Rank (DOR) and Promotion Effective Date (PED) of 1 May 2013. THE BOARD RECOMMENDS...