RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01743
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, Block 23, Type of Separation: Resignation, and Block
28, Narrative Reason for Separation: Miscellaneous/General
Reasons, be corrected to reflect she separated for
Military/Government Convenience.
APPLICANT CONTENDS THAT:
She resigned based on the fact the Air Force was seeking
volunteers from her career field and commissioning year. The
resignation verbiage in Block 23 of her DD Form 214 is
preventing her from enrolling in the Department of Veterans
Affairs (DVA) health care system.
She separated voluntarily under the force adjustment program;
therefore, her DD Form 214 should reflect this in order for her
to be eligible for DVA health benefits.
In support of her request, the applicant provided copies of her
DD Form 214 and Separation Approval rip which states in Item I:
B-APV VOL SEP-IAW AN ANNOUNCED EARLY RELEASE PRGM.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 7 Jun
06.
On 29 Sep 07, the applicant was furnished an Honorable
discharge, and was credited with 1 year, 3 months, and 23 days
of active service.
The applicants DD Form 214 reflects Resignation as the Type
of Separation and Miscellaneous/General Reason as the
Narrative Reason for Separation.
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/DPSOS recommends denial indicating there is no evidence of
an error or an injustice.
In accordance with AFI 36-3207, Separating Commissioned
Officers, Chapter 2, paragraph 2.12.1, When it is in the best
interests of the Air Force, the Secretary of the Air Force (SAF)
may accept resignations submitted by regular officers with or
without Military Service Obligation (MSO) and approve a date of
separation to take effect before officers complete an Active
Duty Service Commitment (ADSC) required by law, Air Force
instruction or agreement. Therefore, resignation as the type
of separation indicated on the applicant's DD Form 214 is
correct as indicated. The criteria for applying under the
Limited Active Duty Service Commitment (LADSC) Waiver Program
states that officers separating under that program will do so
under the miscellaneous provisions of AFI 36-3207. Therefore,
the separation program designation code and the narrative reason
for separation as indicated on the applicant's DD Form 214 is
correct as indicated.
A complete copy of the AFPC/DPSOS 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 29 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, the Board majority agrees with the
opinion and recommendation of the Air Force office of primary
responsibility (OPR) and adopts its rationale as the basis for
our conclusion the applicant has not been the victim of an error
of injustice. The Board majority believes that the applicant
was fully briefed on the criteria for applying for separation
under the Limited Active Duty Service Commitment (LADSC) Waiver
Program and the fact that they do so under miscellaneous
reasons. Furthermore, the applicant was treated no differently
than other officers in similar situations. Therefore, in the
absence of evidence to the contrary, the Board majority finds no
basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
The following members of the Board considered AFBCMR Docket
Number BC-2014-01743 in Executive Session on 7 Apr 15 and 18 Aug
15 under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board voted to deny the applicants
request. Member voted to correct the record; however, he
declined to submit a minority report. The following documentary
evidence pertaining AFBCMR Docket Number BC-2014-01743 was
considered:
Exhibit A. DD Form 149, dated 14 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOS, dated 26 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 29 Sep 14.
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