RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01261
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The narrative reason for his discharge on his DD Form 214,
Certificate of Release or Discharge from Active Duty, be
corrected from voluntary, miscellaneous reasons to Reduction
in Force (RIF) to allow him to receive a certificate of
eligibility for a home loan from the Department of Veterans
Affairs (DVA).
APPLICANT CONTENDS THAT:
With less than 24 months of active service, he does not qualify
for the Department of Veterans Affairs (DVA) backed loan without
RIF as his narrative reason for separation. He would have
served long enough to qualify for this important benefit, but
received bad advice prior to volunteering to separate from the
Air Force, in lieu of facing a RIF board. He asked about the
consequences of separating early and was advised he would get an
honorable discharge and all that goes with it. He received no
transition assistance counseling on DVA loans or the
implications of serving less than 24 months on active duty. In
1995, he applied for, and received, a DVA certificate of
eligibility. Because of this eligibility, he had no reason to
believe there was an error or injustice in his record. In 2014,
he again applied for a DVA certificate of eligibility but was
turned down because he had not accumulated 24 months of active
service. This is the first time he was aware of this
requirement.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 25 Jan 91, the applicant initially entered the Regular Air
Force.
On 2 Oct 92, the applicant was furnished an honorable discharge,
and was credited with one year, eight months, and eight days of
active service and issued a narrative reason for separation of
Voluntary Miscellaneous Reasons.
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. Absent any documentation, based on
the presumption of regularity, individuals volunteering to
separate prior to fulfilling their active duty service
commitment would have done so under Miscellaneous/General
reasons. They would have also been released from active duty
service into the Air Force Reserve to finish fulfilling the
remainder of their service obligation; this is evident by items
6 and 9 of the applicant's DD Form 214. Only those members that
were separated involuntarily by a RIF board received the
narrative wording RIF, on their DD Form 214. Without further
evidence from the applicant, there is no indication of an error
or an injustice.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant indicates he has no further evidence to supplement
his original application. He reiterates the lack of timeliness
is only due to his assumption his record was correct based on
the DVA certificate of eligibility in 1995 (Exhibit E).
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 warranting
corrective action to the applicants narrative reason for
separation. After a thorough review of the evidence of record
and his rebuttal comments, we believe that given the
circumstances surrounding his separation from the Air Force, the
narrative reason assigned was proper and in compliance with the
appropriate instructions. In addition, the applicant has not
provided any evidence which would lead us to believe that a
change in his record is warranted. Therefore, we agree with the
Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. In the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
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-2014-01261 in Executive Session on 17 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 21 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
Exhibit E. Letter, Applicant, dated 20 Aug 14.
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