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).


APPLICANT CONTENDS THAT:

He was selected for early retirement by the Selective Early 
Retirement Board (SERB) on 23 Jun 14.  He had to retire, it was 
not voluntary.  He did not know what the code meant when he 
signed the notification memorandum which contained a retirement 
fact sheet.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
1 Mar 92.

On 22 Jan 14, according to documentation provided by the 
applicant, he was selected for early retirement by the CY 13 
SERB.  

On 24 Jan 14, he submitted a request for retirement through the 
Virtual MPF.  His application was approved on 28 Feb 14.

On 30 Jun 14, the applicant was released from active duty and 
retired, effective 1 Jul 14 and was credited with 24 years and 4 
months 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 applicant’s retirement was 
properly coded as voluntary based on his request.  The applicant 
was considered and selected for early retirement by the CY13 
SERB.  He was notified of the results on 22 Jan 14.  On 
24 Jan 14, he submitted a request for retirement through the 
virtual MPF.  His application was approved on 28 Feb 14.  
Because he submitted an application for retirement, the 
applicant's SPD was updated as RBC, in accordance with the 
Personnel Services Delivery Memorandum (PSDM 14-05, CYJ3A 
Colonel & Lieutenant Colonel Selective Early Retirement Boards 
(SERBs) Administrative Release Instructions, dated 16 Jan 14.

PSDM 14-05 was used to announce the notification process for 
Senior Raters to advise officers of their status following the 
CYB SERB.  The PSDM provided detailed instructions to the 
affected officers regarding the retirement process.  The PSDM 
also provided impacted officers the option of being retired 
with SPD Code SCC, identifying the mandatory retirement, or 
applying for a voluntary retirement on their mandatory retirement 
date with SPD Code RBC.  

For several years, many officers meeting the SERB had concerns 
regarding the definition of the SPD code appearing on their DD 
Forms 214, Certificate of Release or Discharge from Active 
Duty.  As such, the Air Force has afforded these officers the 
opportunity to request voluntary retirement and receive SPD 
code RBC.  PSDM 14-05 outlined these options to the officers 
selected for retirement by the CYl3 SERB.

The applicant signed the notification memorandum which 
contained a retirement fact sheet.  The fact sheet outlined 
the retirement process in paragraphs 1 and 2.  In paragraph 1, 
it indicated that if the officer took no action, his/her 
mandatory retirement would be updated in the Military Personnel 
Data System (MilPDS) using SPD code SCC.  In paragraph 2, it 
indicated if the officer desired, he/she could request a 
voluntary retirement which would result in SPD code RBC.  
Paragraph 2 of the fact sheet also states:  "Recoupment of 
unearned portions of bonuses, special pays, and educational 
costs are NOT waived using code RBC."

The applicant signed the memorandum and acknowledged receipt 
of the information contained therein.  He was properly 
briefed on his options relating to retirement.  
Additionally, in the retirement approval notification sent 
to the applicant, he was advised to review his DD Form 214, 
which documents the SPD code assigned to his retirement.  A 
review of the virtual MPF indicates a message was also sent 
to the applicant on 21 May 14, which outlined further 
instructions on review of the DD Form 214.  It appears the 
applicant was properly advised of his options and elected to 
request a voluntary retirement.  The fact sheet clearly 
indicates the ramifications relating to recoupment when electing 
the voluntary retirement vice accepting the mandatory 
retirement.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes the fact that he did not volunteer to 
retire.  He was forced to retire due to the SERB results.  He 
does not understand why he has a different SPD code on his DD 
Form 214.  He stated on his retirement application this was a 
mandatory retirement due to Reduction in Force (RIF).  This 
error is forcing him to owe a debt of $54,000.  This is unfair 
and placing him under a financial hardship.  A complete copy of 
applicant’s rebuttal 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission, including his 
rebuttal response, in judging the merits of the case; however, 
we agree with the opinion and recommendation of the Air Force 
office of primary responsibility (OPR) and adopt its rationale 
as the basis for our conclusion the applicant has not been the 
victim of an error of injustice.  While the applicant’s 
arguments and contentions are duly noted, absent evidence that 
he was not made aware of the ramifications of his choice to 
elect that his retirement be coded as voluntary, we are not 
convinced the evidence is sufficient for us to conclude the 
applicant is the victim of an error or injustice.  Therefore, in 
the absence of evidence to the contrary, we find no basis to 
recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.





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-2014-03536 in Executive Session on 14 May 15, under 
the provisions of AFI 36-2603:

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03536 was considered:

	Exhibit A.  DD Form 149, dated 24 Aug 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 23 Oct 14.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 14.
	Exhibit E.  Letter, Applicant, dated 24 Nov 14.