RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-01234
		INDEX NUMBER: 100.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Separation Program Designator (SPD) be changed and he receive all monies owed as a result of the new SPD.

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THE APPLICANT CONTENDS THAT:

He received an incorrect SPD based on an erroneous assignment declination statement.

Upon receipt of a join spouse assignment, he and his spouse completed assignment declination statements.  His spouse was advised by a Military Personnel Flight (MPF) representative that he would destroy his [the applicant’s] declination statement because his functional manager was removing his assignment from the computer.  Since the assignment was driven by his spouse’s command leveling and she declined the assignment, his declination statement was unnecessary.  He was later approved for early separation and was advised that he would be entitled to separation pay and that his Selective Reenlistment Bonus (SRB) would be recouped on a pro-rated basis.  However, based on the SPD he received upon separation, his pay was reduced by over $900.00.

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

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STATEMENT OF FACTS:

The applicant contracted his enlistment in the Air Force on 1 March 1995, for a period of four years.  On 4 February and 20 May 1999, he extended the enlistment for a total period of six months to complete the Air Force Weight Management Program (WMP).  He contracted his last reenlistment in the Air Force on 16 July 1999, for a period of four years, with entitlement to a Zone A, Multiple 1, Selective Reenlistment Bonus (SRB).  

He was honorably discharged on 30 December 2002, under the provisions of AFI 36-3208, Miscellaneous/General Reasons, and issued an SPD of “KND - Miscellaneous/General Reasons.”  His DD Form 214, issued in conjunction with his discharge, indicates that he was issued an RE code of “3D - Second-term or career airman who refused to get PCS or TDY assignment”; however, a DD Form 215 has been prepared to correctly reflect that he was issued an RE code of “1J - Eligible to reenlist, but elects separation.”  He received separation payment of $161.51 on 8 January 2003 and $824.86 on 4 April 2003.  His SRB was recouped in the amount of $773.83.

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AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends the application be denied and states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and within the discretion of the discharge authority.

The AFPC/DPPRS evaluation is at Exhibit C.

AFPC/DPPAE found no documentation to support the RE code of “3D,” and states the RE code of “1J” is the appropriate code.  However, the recoupment of bonus monies is driven by the assigned SPD code.

The AFPC/DPPAE evaluation is at Exhibit D.

DFAS-POCC/DE recommends the applicant’s request to change his SPD code be denied.  No change to the SPD code is warranted and would not affect the recoupment of the bonus monies he received.  In addition, he received the appropriate amount of separation pay and has a valid tuition debt.

The DFAS-POCC/DE evaluation, with attachments, is at Exhibit E.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 9 January 2004, for review and response within 30 days.  However, as of this date, this office has received no response.

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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 error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  The applicant originally requested his RE code also be changed; however, AFPC/DPPRSP has administratively corrected his records to reflect he was issued RE code “1J.”  Applicant’s contentions regarding the separation program designator (SPD) he was assigned at the time of his discharge are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The offices of primary responsibility have adequately addressed applicant’s contentions and we agree with their opinions and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2003-01234 in Executive Session on 19 February 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 25 Apr 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 6 Nov 03.
    Exhibit E.  Letter, DFAS-POCC/DE, dated 17 Dec 03, w/atchs.
    Exhibit F.  Letter, SAF/MRBR, dated 9 Jan 04.