RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02497
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
A date of separation be established under the rules of
involuntary separation or in accordance with the Fiscal Year
2014 (FY14) Voluntary Separation Pay (VSP) force management
program.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was twice passed over for promotion and was continued in lieu
of separation with pay due to the needs of the Air Force. At
the same time of his continuation, the Air Force was planning
the FY14 force reduction.
United States Code (U.S.C) 10 section 632 states that a twice
passed over officer should be separated involuntarily with pay.
The only exception is the needs of the service; in accordance
with 10 USC 611.b which states when retaining the officer is
critical to national security. He was continued under this
pretense. This has deprived him of compensation dictated by
law.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of this Air Force. On 13 March
2013, he was notified of his non-selection for promotion to the
grade of major. He was also notified that he had been selected
for continuation. He was honorably discharged on 18 January
2015 in the grade of captain.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends approval. A review of applicant's
personnel record reflects he applied for VSP on 6 February 2014.
Based on his 2003 year group and Air Force Specialty Code
(AFSC), his eligibility to apply was confirmed and his
application was held for adjudication. In accordance with PSDM
14-08, dated 23 January 2014, HQ AF/A1 authorized AFPC limited
approval authority for members who had no active duty service
commitment (ADSC) or who had an ADSC that AFPC was authorized to
waive and approve (i.e. tuition assistance). All other
applicants who had an ADSC that could not be approved by AFPC
had to be held until the Secretary of the Air Force (SecAF)
approved granting the expanded ADSC waiver authority to AFPC.
The applicant had an ADSC for Undergraduate Pilot Training (UPT)
which was not within the purview of AFPC to waive and approve;
therefore, it needed to be held pending further authority from
SecAF. Only a small handful of applications were approved
during the late March, early April adjudication and none
requiring waiver of the UPT ADSC.
The next phase of adjudication of VSP applications occurred in
May 2014. Prior to this phase, HQ AF/A1 determined that the
officer's AFSC/year group was no longer eligible for the VSP
program. Although AFPC was granted expanded waiver authority
by this time, HQ AF/A1 determined that the applicant's year
group and AFSC had already sustained enough losses to close
out the AFSC and not allow any additional approvals for VSP.
Therefore, the applicant's application along with all other
applicants in his year group and AFSC were disapproved.
Although the applicant's UPT ADSC precluded AFPC from approving
his VSP application, it appears the applicant submitted a
request for date of separation (DOS) that would have consummated
after the completion of his ADSC. Therefore, in hindsight, AFPC
should have considered his VSP application and recommended
approval since the ADSC would not have been a factor.
The procedures for processing VSP applications were conducted
in accordance with the instructions provided by HQ AF/Al;
however, in the interest of justice, the Board should consider
granting the applicant's request to have his VSP application
reconsidered for approval.
The complete DPSOPR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He whole-heartedly agrees with the advisory opinion
recommendation to allow him to separate with pay. He notes that
while AFPC did not have the authority to waive his UPT ADSC;
this was not an issue as his requested date of separation was
after his ADSC would have expired. His case did not need a
waiver and should have been considered in the first round of
approvals.
The applicants complete response is at Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the evidence, we believe correction is
warranted. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that his
VSP application should have been considered and subsequently
approved since his requested date of separation was after his
ADSC expired. Therefore, we recommend that the applicants
record be corrected as indicated below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that he applied
for separation under the Voluntary Separation Pay (VSP) program
and under the guidelines set forth in PSDM 14-08 was approved
for VSP separation which entitles him to voluntary separation
pay and all benefits associated with VSP.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2014-02497 in Executive Session on 5 February 2015,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2014-02497 was considered:
Exhibit A. DD Form 149, dated 16 Jun 14, w/atchs.
Exhibit B. Applicants Master Personnel Record Excerpts.
Exhibit C. Letter, AFPC/DPSOR, dated 7 Oct 14.
Exhibit D. Letter, SAF/MRBR, 17 Nov 14.
Exhibit E. Letter, Applicants Response, dated 24 Nov 14.
AF | BCMR | CY2014 | BC 2014 00360
The Personnel Services Delivery Memorandum (PSDM) 13-14, FY13 Enlisted Date of Separation (DOS) Rollback Program, dated 13 Feb 13 states that members with less than 6 years of active service separated under the DOS Rollback program will be separated with SPD code JBK. Her AF IMT 100, Request and Authorization for Separation, Item 23, Remarks, reads SPD code JBK. The applicants complete submission, with attachments, is at Exhibit A. If any recoupment of unearned portions of...
On 12 March 1998, the applicant was presented an OFFICER/AIRMAN ACTIVE DUTY SERVICE COMMITMENT (ADSC) COUNSELING STATEMENT, AF Form 63, acknowledging that he would incur an eight-year ADSC upon completion of PV4PC (apparently pilot training), but he declined to sign the form. The issue of whether applicant had knowledge of his eight-year commitment becomes muddled because Academy graduates did not sign an AF Form 63 (or any other documentation) specifically setting out the commitment length...
AF | BCMR | CY2013 | BC 2013 03463
He was notified the control roster action automatically placed him on the FY13 Rollback Program. He contacted the Separations office at Joint Base San Antonio (JBSA) Randolph to correct this issue, but they were unable to manually change separation code on DD Form 214, Certificate of Release or Discharge from Active Duty, because the automatic LGH separation code was loaded in their system. On 15 Jul 13, the applicant was separated under the FY13 DOS Rollback Program, with a RE code of 2X;...
AF | BCMR | CY2012 | BC 2012 05412
The denial letter stated, in part, at no time were you held beyond an approved retirement date due to stop-loss However, PL 111-32, § 310, in addition to covering circumstances extending service beyond an approved retirement date, states or whose eligibility for retirement was suspended pursuant to 10 U.S.C. He is only claiming retroactive stop-loss special pay compensation for the time between 11 September 2001, when the stop-loss rules went into effect, and the 12-month period of...
_________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Upon being asked to comment on applicant’s request that his ACP agreement be effective as of November 1997, HQ AFPC/DPAR states, in part, that current Air Force policy does not allow pilots to get ADSC “credit” for variable length ACP agreements. He has applied Air Force policy guidance consistently to all pilots with incorrect UPT ADSCs who have requested to be eligible for ACP based on the...
AF | BCMR | CY2014 | BC 2014 00274
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00274 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be retired in the grade of Lieutenant Colonel (Lt Col, O-5). The TIG waiver program allowed certain Lt Cols to request retirement with no less than 2 years TIG and be retired in the grade of Lt Col; however, under the FY12 program parameters, the retirement must have been effective no later than 1 Sep 12. He...
AF | BCMR | CY2014 | BC 2014 00769
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00769 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Separation Program Designator (SPD) Code on his DD Form 214, Certificate of Release or Discharge from Active Duty be changed from LGH which denotes Non-Retention on Active Duty to LBK which denotes Expiration of Term of Service. APPLICANT CONTENDS THAT: He is not seeking any monetary compensation as he...
AF | BCMR | CY2014 | BC 2014 02460
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02460 COUNSEL: NONE INDICATED HEARING DESIRED: NO APPLICANT REQUESTS THAT: His involuntary separation decision by the Quality Force Review Board (QFRB) be declared void and removed from his records. APPLICANT CONTENDS THAT: His AF Form 910, Enlisted Performance Report (EPR) (AB thru TSgt), rendered for the period 13 August 2013 thru 1 March 2014 was not considered by the QFRB...
AFPC/DPSFO noted that the applicant graduated UPT in Nov 95 and incurred an eight-year ADSC in accordance with Air Force Instruction 36-2107, Active Duty Service Commitments (ADSC) and Specified Period of Time Contracts (SPTC), Table 1.4, Rule 6, dated 6 Jul 94. A complete copy of the AFPC/DPSFO evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In her response, the applicant indicated that the original...
Despite this, the applicant claims the MPF stated he had to accept the C-141 training because he had three and one-half years remaining on his UPT ADSC. Despite Block II of the AF Form 63 not being initialed, the applicant signed the AF Form 63 reflecting the correct ADSC and thus accepted the ADSC (Exhibit C with Attachments 1 through 4). In this case, however, the applicant has presented persuasive evidence that he agreed to the C-141 IQT training under the assumption that he would incur...