RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2004-01427
							INDEX CODE 110.02
	 						COUNSEL:  None

							HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) and Separation Program Designator (SPD) codes be changed to match his honorable discharge under the Voluntary Separation Incentive (VSI) program so he can enlist in a Reserve unit.

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THE APPLICANT CONTENDS THAT:

The codes are inconsistent with his honorable discharge.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 13 Jun 86. 

According to Military Personnel Flight Letter (MPFL) 93-78, dated 29 Dec 93, FY95 VSI and Special Separation Benefit (SSB) Programs, attachment 1, paragraphs 3.b. and 3.c., the SPD code on a member’s DD Form 214 would only reflect a “release” (rather than a discharge) from active duty (MCA - Early Release Program - VSI, or MCB - Early Release Program - SSB), and the RE code would reflect receipt of either VSI (3V) or SSB (3S). [See Exhibit C.] 

The applicant requested separation on 28 Jul 94, to be effective 14 Jun 95, and signed a Statement of Understanding pertaining to his application for the VSI.

He signed the Enlisted VSI Agreement on 12 Jun 95, indicating his understanding that, in consideration for receiving over $64,000.00, he agreed to enlist or transfer to a component of the Ready Reserves for a period of 18 years (twice the number of years of active duty).  He would receive an initial payment of $3,570.48 and would continue to receive annual payments of this same amount until 14 Jun 2013, at which time he would receive one final payment of $3,570.48.

On 14 Jun 95, the applicant was honorably released from active service and transferred to the Reserves after nine years and two days of active duty.  In accordance with the MPFL discussed above, his SPD and RE codes of MCA and 3V, respectively, indicate his early release under the VSI program.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRR asserts there is no procedural error or inaccuracy with the applicant’s RE and SPD codes. He already is part of a Reserve component until 14 Jun 2013.

A complete copy of the evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF EVALUATION: 

A complete copy of the Air Force evaluation was forwarded to the applicant on 18 Jun 04 for review and comment within 30 days.  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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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 the applicant’s submission, we are not persuaded his RE and SPD codes should be changed.  The applicant was honorably released from active service under the provisions of the VSI program and transferred to the Reserves.  His RE and SPD codes reflect this.  Further, he is already part of a Reserve component until 14 Jun 2013.  The office of primary responsibility has adequately addressed the applicant’s contentions and we adopt the rationale expressed as the basis for our conclusion that he has not demonstrated he is the victim of an error or injustice.  In view of the above and absent persuasive evidence to the contrary, 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 this application in Executive Session on 4 November 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Noumber BC-2004-01427 was considered:

   Exhibit A.  DD Form 149, dated 28 Apr, 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRR, dated 10 Jun 04, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 18 Jun 04.