RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00950
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His official record be amended to reflect he accepted separation
pay prior to being separated for High Year Tenure (HYT).
APPLICANT CONTENDS THAT:
He was misinformed by an Air National Guard (ANGUS) recruiter
that if he elected separation pay, it would negatively affect
his ability to join the ANGUS. Prior to separation, he declined
separation pay, based on erroneous advice, and later discovered
that information was incorrect. He now needs the agreement to
reflect he elected to accept separation pay, in order to receive
the pay.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 3 Feb 99, the applicant initially entered the Air Force
Reserve.
On 5 Dec 13, prior to separation, the applicant initialed an
Individual Ready Reserve (IRR) agreement conditional for
enlisted separation pay, indicating he did not agree to serve in
the IRR for a period of not less than three years following his
separation from active duty and understood he would not receive
separation pay.
On 3 Feb 14, the applicant was honorably released from active
duty, with a narrative reason of Reduction in Force (RIF), and
was credited with 15 years and 1 day of active service.
On 16 May 14, the applicant enlisted in the Air Force Reserve
for a period of five years.
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 recommends denial, indicating there is no evidence of
an error or an injustice. The applicant's separation for RIF
was processed in accordance with AFI 36-3208, Administrative
Separation of Airmen. The applicant was informed, as a
condition of receiving separation pay; he must sign an agreement
to serve in the IRR for a period of not less than three years
following his separation from active duty. The applicant signed
a statement on 5 Dec 13, refusing to agree to serve in the IRR,
with the understanding that he would not receive separation pay.
The applicant's claim of miscounseling is primarily directed at
an ANGUS recruiter not affiliated with the separations office at
his losing base; however, a review of the records indicates his
separation was processed in accordance with the procedures
outlined in the applicable guidance.
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 28 Jul 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
While the applicant contends that he was mis-counseled that
accepting separation pay would adversely affect his ability to
enlist in the Air National Guard (ANG), other than his own
assertions, the applicant has provided no evidence that his
decision to decline separation pay was the result of an error on
the part of the Air Force. Therefore, absent any documentation
that would support the applicants argument on this point (e.g.,
a supporting statement from the recruiter that allegedly gave
him erroneous advice), we do not find the evidence presented
sufficient to conclude the applicant is the victim of an error
or 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 members of the Board considered AFBCMR Docket
Number BC-2014-00950 in Executive Session on 28 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00950 was considered:
Exhibit A. DD Form 149, dated 18 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 9 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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