RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02124
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended to change, or remove, the Separation Program
Designator (SPD) Code, "RBC" (Voluntary Retirement, Maximum
Service or Time in Grade).
APPLICANT CONTENDS THAT:
Shortly after retirement for High Year Tenure (HYT), he was
contacted by the Defense Finance and Accounting Service (DFAS),
informing him of a recoupment action for part of his Career
Status Bonus (CSB). Unless he gets a new DD Form 214, the debt
action cannot be stopped. He has contacted DFAS and AFPC and
has yet to get the situation resolved.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicants military personnel records, he
enlisted in the Navy on 26 Jun 89 and served on active duty
until 25 May 98, when he was honorably discharged.
On 11 Jul 02, the applicant initially entered the Regular Air
Force. His new Total Active Federal Military Service Date
(TAFMSD) was recalculated to 11 Aug 93.
On 4 Dec 08, the applicant elected the CSB by signing the
DD Form 2839, Career Status Bonus (CSB) Election form. By
making this election, the applicant received a bonus of $30,000
in exchange for an agreement to receive a reduced amount of
retired pay.
On 31 Aug 13, the applicant was relieved from active duty and
retired, effective 1 Sep 13, with an SPD code of "RBC"
(Voluntary Retirement, Maximum Service or Time in Grade) and was
credited with 20 years and 20 days of total active service. As
the applicant was serving in the grade of technical sergeant
(E-6), Air Force HYT policies precluded him from service beyond
20 years 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. In accordance with AFI 36-3203,
Service Retirements, because he was retired due to HYT, the
applicants separation code RBC (Voluntary Retirement, Maximum
Service or Time in Grade) accurately describes his reason for
separation and should not be changed or removed. With regards
to his notification of indebtness, there is an error, but it is
not related to his SPD code. According to officials at DFAS,
the number of days obligated by the applicant, for the purposes
of his CSB, was erroneously calculated. The number of days
obligated was recorded as 1800 and should have been 1711 (based
on the applicants 11 Aug 93 TAFMS date). The applicant
satisfactorily served the required 1711 days and does not owe a
repayment of any part of his CSB. DFAS and AFPC are engaged
with the applicant; therefore, it is recommended no action be
taken at this time and DFAS be allowed to continue resolving his
issue.
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 27 Oct 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 not 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 error or injustice. In this
respect, we note this Board is the highest administrative level
of appeal within the Air Force. As such, an applicant must
first exhaust all available avenues of administrative relief
provided by existing law or regulations prior to seeking relief
before this Board, as required by the governing Air Force
Instruction. The Air Force office of primary responsibility has
reviewed this application and indicated there is an available
avenue of administrative relief the applicant has not first
pursued. In view of this, we find this application is not ripe
for adjudication at this level as there exists a subordinate
level of appeal that has not first been depleted. Therefore, in
view of the above, 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-2014-02124 in Executive Session on 25 Feb 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02124 was considered:
Exhibit A. DD Form 149, dated 19 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 31 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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