RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02989

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be corrected as follows:

	a. Block 18 – Remarks:  imprecisely indicates his recall 
status.  Requests caveat to reflect 10 USC §688.

	b. Block 26 – Separation Code:  change to code “SCN”.

	c. Block 28 – Narrative Reason for Separation:  Change to 
“Force Shaping (Board Selected)”.


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 President during a time 
of war or national emergency (10 USC §688).”  Therefore, Block 
18 should be clarified:  “Subject to recall to active duty by 
the Secretary of the Air Force only during a time of war or 
national emergency declared by Congress or the President.”

Block 26 – “SCC” and Block 28 – “Reduction in Force” on his DD 
Form 214 are not correct according to the SPD matrix that was in 
effect at his retirement.  In accordance with the SPD matrix, 
“SCC” is for separations “not covered by early retirement” 
whereas “SCN” is for “Selective (not voluntary) early retirement 
authorized by law (10 USC §638).”  Since he was retired due to 
actions of a Selected Early Retirement Board (SERB) under 10 USC 
§638, the “SCC” code is incorrect and should be replaced by 
“SCN”.

	“SCC” – Reduction in Force – Mandatory retirement required 
by law when the Service conduct a general demobilization, or 
strength or force reduction not covered by early retirement, 
Separation Benefit (SSB) Service member initiated Separation 
Initiative (VSI).

	“SCN” – Force Shaping (Board Selected) – Expanded 
narrative/explanation of FSB SPD code:  Selective (not 
voluntary) early retirement authorized by law (10 USC §638) when 
a Service conducts a general demobilization, or strength/force 
reduction for purpose of restructuring the Military Department. 

In support of this request, the applicant provides copies of his 
DD Form 214, a copy of his SERB letter, a copy of his retirement 
orders, a copy of 10 USC §638, Selective Early Retirement, a 
copy of 10 USC §688, Retirement Member Documents, an extract 
from SPD Code Matrix, dated 1 Feb 11.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 25 Oct 
88.

On 31 May 11, the applicant retired and was credited with 22 
years, 7 months, and 6 days of active service.   

The applicant’s DD Form 214, Block 18 - Remarks,  include the 
following statement “Subject to recall to active duty by the 
Secretary of the Air Force”, Block 26 - Separation Code, 
reflects “SCC” and Block 28 - Narrative Reason for Separation, 
reflects “Reduction in Force.” 

The remaining relevant facts pertaining to this application are 
contained in the memorandums prepared by the Air Force offices 
of primary responsibility (OPR), which are attached at Exhibit C 
and D.    


AIR FORCE EVALUATION:

AFPC/DPSOR (Retirement Advisory) recommends denial indicating 
there is no evidence of an error or an injustice.  Personnel 
Services Delivery Memorandum 10-58, dated 20 Aug 10, SERB 
Administrative Release Instructions, specifies that the SPD code 
(SCC) and reason (Reduction in Force) will reflect as such for 
members who did not apply for retirement prior to meeting the 
board.  

The SERB was authorized per Secretary of the Air Force (SECAF) 
memorandum dated, 10 Mar 10.  The applicant was notified and 
signed his selection for early retirement by the SERB on 7 Sep 
10.  Attachment 3 of the PSDM 10-58, which was provided to the 
applicant, states:  “Your retirement will be coded as SCC – 
“Mandatory Retirement: Reduction in Force – Mandatory”.  Had the 
applicant applied for retirement in lieu of meeting the SERB his 
SPD code would read RBC – “Voluntary Retirement:  Maximum 
Service or Time in Grade”.  Because the SPD direct the comments 
for the narrative reason in Block 26, it is also accurate as 
stating “Reduction in Force”.  

The DD Form 214 provides the statement “Subject to recall to 
active duty be the Secretary of the Air Force” is accurate as 
the member was selected by the board and did not apply for 
retirement before being considered by the board.

	“Officer retired by selective early retirement board (SERB) 
and officers who request retirement after been notified that 
they were to be considered for early retirement under 10 USC 
§638 but before being considered by that board, are not recalled 
to active duty unless by Congress or the President during a time 
of war or national emergency (10 USC §688)”.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSOR (DD Form 214 Advisory) recommends denial indicating 
there is no evidence of an error or an injustice.  The 
applicant’s DD Form 214 was published and provided 1 Jul 11, per 
Title 10 USC, section 1552(b), the applicant’s request is not 
timely.

In accordance to AFI 36-3202, Separation Documents, Table 4, 
Rule 44 and policy states to include the following statement 
“Subject to recall to active duty by the Secretary of the Air 
Force” in the marks section of all DD Form 214s when the type of 
separation is for retirement.  There is no authority to change 
or extend this verbiage to include when, how or limitations on 
the Secretary to recall retirees as requested by the applicant.  

No authority exists to support the inclusion of the requested 
remarks on the DD Form 214.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and 
argues their misunderstanding of their own regulations only 
prove his case that his DD Form 214 should be corrected as 
requested. In support of his response, the applicant provides a 
legal explanation and numerous policy details as to why the 
Board can and should direct the changes he seeks.  




FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of the applicant’s 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 applicant’s 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-2014-02989 in Executive Session on 2 Jun 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02989 was considered:

	Exhibit A.  DD Form 149, dated 21 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 2 Oct 14.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 15 Oct 14.
	Exhibit E.  Letter, SAF/MRBR, dated 30 Jan 15.
	Exhibit F.  Applicant’s Letter, dated 26 Feb 15.