RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2015-01257
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Individual Ready Reserve (IRR) Agreement be changed to reflect
that it was signed prior to his Date of Separation (DOS) of 10 Nov
14.
APPLICANT CONTENDS THAT:
He completed the IRR agreement prior to his DOS and the document
was misplaced.
In support of his request the applicant provides copies of an e-
mail dated 17 Mar 15, from the 355th Force Support Squadron that
states the applicant signed the IRR Requirements memorandum when
he out-processed on 6 Nov 14. However, he should have signed the
IRR Agreement Conditional for Enlisted Separation Pay memorandum
before having his orders issued on 22 Oct 14 and again before out-
processing on 6 Nov 14. Due to this administrative oversight, the
applicant has not received his separation pay from the Defense
Finance and Accounting Service (DFAS). The applicant also
provides other documents associated with his request.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 11 Dec 07, the applicant entered the Regular Air Force.
On 10 Nov 14, the applicant was honorably released from active
duty with a narrative reason for separation of Completion of
Required Active Duty Training and Re-entry (RE) code 2X which
denotes 1st term, 2nd term or career airman considered but not
selected for reenlistment.
?
AIR FORCE EVALUATION:
AFPC/DPSOR recommends approval.
The applicant was separated based upon his commander not
recommending him for further retention in the Air Force under the
Selective Reenlistment Program. Based upon the applicant's denial
of reenlistment, he was properly separated with a Separation
Program Designator (SPD) code of LGH which denotes Non-
retention on active duty" which was properly reflected on his DD
FM 214.
The SPD code entitled the applicant to receive half separation
pay. This information was indicated on the applicant's separation
order and his DD Form 214 accordingly. DFAS originally paid the
applicant his separation pay on 26 Jan 15, however, they retrieved
it from the applicant's account when they determined that the IRR
agreement attached to his record was signed after his DOS.
The applicants Military Personnel Section (MPS) conceded that an
error was made on their part with regard to ensuring the applicant
signed the IRR agreement prior to being issued separation orders.
There is no fault on the applicant in this instance and he should
not be denied his entitlement. An error has occurred with his
record and should be rectified. This is a case where it is in the
interest of justice to correct the applicants record to reflect
that he signed his IRR agreement prior to his DOS so he can
receive separation pay.
A complete copy of the 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 13 May 15 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 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 an error or injustice. Having carefully reviewed
this application, we agree with the recommendation of the Air
Force office of primary responsibility and adopt the rationale
expressed as the basis for our decision that the applicant has
been the victim of either an error or an injustice. Therefore, we
recommend the applicant's records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that he signed his
IRR Agreement on 6 Nov 14 and is entitled to receive separation
pay.
The following members of the Board considered AFBCMR Docket Number
BC-2015-01257 in Executive Session on 10 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Mar 15, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 5 May 15.
Exhibit D. Letter, SAF/MRBR, dated 13 May 15.
Exhibit E. E-mail, AFRBA, dated 13 May 15.
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