RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02023
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He would like to know if he was and or is entitled to early
separation (strength reduction funds) of $10,000.
APPLICANT CONTENDS THAT:
He was told by finance at Randolph AFB, TX he separated two
months too soon. He believes he saw an article in the Air Force
Times notifying people. He volunteered to separate not knowing
at the time there were funds being allotted to particular Air
Force Specialty Codes (AFSC) of various amounts.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
17 Jun 86.
The applicants record contains his medical examination election
for voluntary separation/retirement. It does not contain a
request for early separation by the applicant.
On 20 Feb 90, the applicant was furnished an honorable
discharge, and was credited with three years, eight months, and
four days of active service.
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 applicants record does not
contain a request for early separation. Based on the
presumption of regularity, a voluntary request would have been
sent to the applicants commander for review and approval
recommendation, then to the base discharge authority for
approval. The discharge authority would approve the separation
and direct the applicant be separated with an honorable
discharge. There is nothing in the applicants record showing
he was authorized any type of severance pay at the time of his
discharge. This application has not been filed in a timely
fashion. The applicant has not provided any justification as to
why he waited 24 years, nor has he provided any evidence
relating to his belief that he was entitled to any severance at
the time 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 4 Aug 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
Applicant did not file within three years after the alleged
error or injustice was discovered as required by Title 10,
United States Code, Section 1552 and Air Force Instruction
36-2603. Applicant has not shown a plausible reason for the
delay in filing, and we are not persuaded that the record raises
issues of error or injustice which require resolution on the
merits. Thus, we cannot conclude it would be in the interest of
justice to excuse the applicants failure to file in a timely
manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the
decision of the Board, therefore, to reject the application as
untimely.
The following members of the Board considered AFBCMR Docket
Number BC-2014-02023 in Executive Session on 19 Mar 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02023 was considered:
Exhibit A. DD Form 149, dated 12 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR dated 19 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 14.
AF | BCMR | CY2014 | BC 2014 02989
APPLICANT CONTENDS THAT: Block 18, on his DD Form 214 indicates he is Subject to recall to active duty by the Secretary of the Air Force. However, since he was selected for early retirement under 10 USC §638, this statement does not fully reflect 10 USC §688 nor AFI 36- 3207, Separating Commissioned Officers, Chapter 2, paragraph 2.16 which states, Officers retired by selective early retirement board (SERB) under 10 USC §638 are not recalled to active duty unless by Congress or the...
AF | BCMR | CY2014 | BC 2014 01382
Her date of separation (DOS) for discharge be changed to 3 Jun 86. Her narrative reason for separation be changed to Expiration Term of Service. APPLICANT CONTENDS THAT: She was pregnant at the time of her discharge, but did not request an early discharge for pregnancy. The Board should find it in the interest of justice to consider her untimely application because she was receiving Veterans Affairs (VA) medical benefits and care up until 10 Aug 12, when she was rated ineligible for...
AF | BCMR | CY2014 | BC 2014 01538
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01538 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His separation code of KND, which denotes Miscellaneous/General Reasons, be changed. The Board should find it in the interest of justice to consider his untimely application because he wants to join the Air Force Reserves. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an...
AF | BCMR | CY2014 | BC 2014 03536
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03536 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Separation Program Designator code (SPD) on his DD Form 214, Certificate of Release or Discharge from Active Duty, which currently reflects RBC (Voluntary Retirement: Maximum Service or Time in Grade) be corrected to SCC (Mandatory Retirement: Reduction in Force). The remaining relevant facts pertaining to...
AF | BCMR | CY2014 | BC 2014 02287
The records show the applicant submitted a voluntary separation application for a separation of 2 Feb 09 based on pregnancy. The applicant contend she completed her punishment; however, she separated on 2 Feb 09 so she clearly did not complete her suspended punishment. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.
AF | BCMR | CY2014 | BC 2014 01416
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01416 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to add the words United States to the Department, Component and Branch area (block 2) of the form. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office...
AF | BCMR | CY2014 | BC 2014 02437
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02437 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The narrative reason for separation on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to Pregnancy Hardship or Hardship. APPLICANT CONTENDS THAT: When she was discharged she was told her discharge was for pregnancy/hardship, but her DD Form 214 only states pregnancy. The...
AF | BCMR | CY2014 | BC 2014 02659
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02659 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be credited with 3 years and 11 months of additional military service for the purpose of calculating his military retirement annuity for his service as a member of the Department of Defense (DoD) Civil Service. APPLICANT CONTENDS THAT: He retired under the Temporary Early Retirement Authority (TERA), which...
AF | BCMR | CY2014 | BC 2014 03696
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03696 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect his assignments to Vietnam and his combat flight missions. 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...
AF | BCMR | CY2014 | BC 2014 02366
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02366 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be reinstated to active duty and receive an honorable discharge with current date, full back pay and retroactive benefits associated with an honorable discharge. APPLICANT CONTENDS THAT: Because he was under the age of 18 when he signed his DD Form 214, Report of Separation from Active Duty, the document...