RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01026
COUNSEL: NONE INDICATED
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed from Miscellaneous/General Reasons to Force Shaping.
His records be corrected to reflect his Air Force Reserve Officer Training Corps (AFROTC) active duty service commitment (ADSC) was waived due to Force Shaping.
APPLICANT CONTENDS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, does not accurately reflect he was discharged due to Force Shaping or his AFROTC ADSC was waived, causing him denial of educational benefits through the Veterans Affairs (VA). There is no documentation in his records to support his voluntary separation due to force shaping.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 17 August 2001, an AF Form 1056, Air Force Reserve Officer Training Corps (AFROTC) Contract, was initiated by the applicant to specify his contractual obligation and establish his membership in the AFROTC to attain a degree in aviation. In addition, to document his agreement to accept a commission as a Line Officer and commissioning date in fiscal year (FY) 2005.
On 14 February 2002, the applicants AFROTC contract was changed to reflect his commission from FY 2005 to FY 2004 and academic major from aviation to environmental design.
On 19 March 2003, the applicants AFROTC contract was changed to reflect his officer categorization from officer candidate to pilot and his ADSC from 4 years to 10 years after training.
On 30 September 2003, the applicants AFROTC contract was changed to reflect his officer categorization from pilot to officer candidate and his ADSC from 10 years after training to 4 years.
On 13 January 2004, the applicant was appointed on extended active duty in the grade of first lieutenant (0-3) in the Air Force Reserve with a reserve obligation term date of 28 May 2009.
On 5 January 2006, an AF Form 1288, Application For Ready Reserve Assignment, was initiated by the applicant and his request was approved for an assignment to the Ready Reserve.
On 28 April 2006, the applicant was released from active duty and transferred to the Air Force Reserve, furnished an honorable discharge, with a narrative reason for separation of Miscellaneous/General Reason, with a separation program designator (SPD) code of MND. He served on active duty for 2 years, 3 months, and 16 days.
On 29 April 2006, the applicant was recommended for approved extended active duty in the Air Guard Reserve (AGR) in the grade of major (04).
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. The applicant submitted a voluntary request for separation under the Limited Active Duty Service Commitment (LADSC) Waiver Program. Although, the LADSC Waiver Program falls under the umbrella of Force Shaping, its program is separate from the actual Force Shaping Program. The LADSC Waiver Program allows officers to either retire or separate prior to completing specified Active Duty Service Commitments. In this case, the applicant submitted a request for separation under this program and his request was approved, thus waiving his remaining ROTC service commitment and allowing him to separate early. Thus, the applicant was separated from the Air Force with an honorable discharge. In accordance with Military Personnel Flight Memorandum (MPFM) 05-23, Air Force Force Shaping Program Phase II Fiscal Year (FY) 2005/2006, personnel who separate under the LADSC Waiver Program will do so under the miscellaneous provisions of Air Force Instruction (AFI) 36-3207, Separating Commissioned Officers. Therefore, based on the documentation on file in the applicants master personnel records, his discharge to include the proper SPD code, narrative reason for separation, and character of service were appropriately administered, as well as, it was administered within the discretion of the discharge authority. The applicant did not provide any evidence that an error or injustice occurred in the processing of his discharge.
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 19 September 2014 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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 of injustice. While the applicant contends he has been denied educational benefits through the VA due to his type of separation, we find no evidence to support this assertion. 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-2014-01026 in Executive Session on 6 January 2015, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 March 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 24 April 2014.
Exhibit D. Letter, SAF/MRBR, dated 19 September 2014.
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