Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 01261
Original file (BC 2014 01261.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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.

Similar Decisions

  • AF | BCMR | CY2013 | BC-2013-00384

    Original file (BC-2013-00384.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00384 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation be changed from “Miscellaneous/General Reasons” to “Reduction in Force (RIF).” ________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214, Certificate of Release or...

  • AF | BCMR | CY2014 | BC 2014 01762

    Original file (BC 2014 01762.txt) Auto-classification: Denied

    APPLICANT CONTENDS THAT: She separated from the Air Force under the Fiscal Year 2007, Air Force - Force Shaping Limited Active Duty Service (LADSC) Waiver Program. 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. Consequently, the applicant...

  • AF | BCMR | CY2014 | BC 2014 03367

    Original file (BC 2014 03367.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03367 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to change or remove the statement “Member has not completed first full term of service. The applicant's net active service was only 9 months and 22 days at the time of her discharge and she was approved for early release from her...

  • AF | BCMR | CY2014 | BC 2014 00870

    Original file (BC 2014 00870.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00870 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, block 28, Narrative Reason for Separation, be changed to reflect “Reduction in Force” at the convenience of the government. His DD Form 214 reflects the narrative reason for separation as “Miscellaneous/General Reasons.” The remaining relevant...

  • AF | BCMR | CY2014 | BC 2014 00905

    Original file (BC 2014 00905.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00905 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 28, Narrative Reason for Separation, be corrected to reflect “Reduction in Force”. It has been 22 years since the applicant separated. We have carefully reviewed applicant's submission and the entire record, and we do not find a...

  • AF | BCMR | CY2014 | BC 2014 01525

    Original file (BC 2014 01525.txt) Auto-classification: Denied

    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 in the processing of the applicant’s discharge. On the other hand, personnel who chose not to separate under one of the voluntary programs, but remained in the Air Force, met a force Shaping...

  • AF | BCMR | CY2014 | BC 2014 00825

    Original file (BC 2014 00825.txt) Auto-classification: Denied

    DPAPP notes that after a review of the applicant’s military records, they could not determine at any time was he placed on an AAC code 17. The complete JA evaluation is at Exhibit G. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant notes that after reviewing the response from JA, he was not eligible to meet the CY10 RIF Board. In addition, while we cannot determine with any certainty, it appears the applicant may have received an earlier version of the PSDM for the CY10 RIF Board,...

  • AF | BCMR | CY2013 | BC 2013 03284

    Original file (BC 2013 03284.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03284 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His honorable discharge be changed to an honorable hardship discharge. On 22 Apr 92, the applicant’s commander concurred with the supervisor’s recommendation and non-selected the applicant for reenlistment. He discussed his family concerns and...

  • AF | BCMR | CY2013 | BC 2013 04532

    Original file (BC 2013 04532.txt) Auto-classification: Approved

    She was informed by the Air Reserve Personnel Center (ARPC) Education Office that her separation code needs to be changed to reflect “COG” so the DVA can consider her eligibility for the MGIB. She was advised that the DVA will only consider her application if her separation code is changed to “COG.” She voluntarily separated under the FY04 Force Shaping Program; was offered the MGIB prior to separating and wants to use the benefit she paid into. However, according to the DVA letter dated...

  • AF | BCMR | CY2012 | BC-2012-05460

    Original file (BC-2012-05460.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05460 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His narrative reason for separation (Miscellaneous/General Reasons) and corresponding separation code of “KND” be changed to reflect voluntary separation from the Air Force under a reduction in force program. AF IMT 31, Airman’s Request for Early...