RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02151
		INDEX CODE:  110.00

		COUNSEL:  None

		HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect:

	   a.  Block 14 add US Army Jumpmaster School 

	   b.  Block 26 - Separation Program Designator (SPD) code “LLC” be removed.

	   c.  Block 27 - Reenlistment Eligibility (RE) code be changed from a “4D” to “1A.”

EXAMINER’S NOTE: The applicant’s record has been administratively corrected to add an Air Force Achievement Medal and the Jumpmaster Course.  Therefore, the only issues to be considered by the Board are the SPD and RE Codes.

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APPLICANT CONTENDS THAT:

The narrative reason for separation was “Reduction in Force” but his separation and reenlistment codes make reference to High Year Tenure (HYT).  At the time of his involuntary separation, his Air Force Specialty Code (AFSC) was exempt from HYT due the critical shortage in the career field.

AFI 36-3208, Section 10.1.3 states:  “SrA (E-4) and below who fail to progress to SSgt (E-5) are separated upon reaching 12 years of Total Active Federal Military Service (TAFMS).”  Block 12 of his DD Form 214 indicates he had 10 years and 2 days of TAFMS.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 3 January 1985 for a period of four years as an airman basic.  He served as a Combat Controller and was progressively promoted to sergeant (Sgt).

On 5 August 1994, the applicant requested separation under the Special Separation Benefit for Fiscal Year (FY) 1995 with a separation date of 4 January 1995.  As of the date of his application to separate, he had served nine years, seven months and two days on active duty.

The applicant was honorably separated on 5 January 1995 under the provisions of AFI 36-3208 (Involuntary separation due to reduction in force.)  He served 10 years and 2 days of active duty service.  He received an RE code of “4D” which means "Grade is Senior Airman or Sergeant, completed at least 9 years’ TAFMS, but fewer than 16 years’ TAFMS, and has not been selected for promotion to staff sergeant.  He received a Separation Program Designator (SPD) code of “LCC” which indicates the applicant was involuntarily separated - reduction in force.  His application for early involuntary separation was approved with separation pay.  He received full separation pay in the amount of $23,198.40.

EXAMINER’S NOTE:  The applicant’s DD Form 214 reflects he was discharged from active duty; however, he was released from active duty and transferred to the Reserve the Air Force.  AFPC/DPPRR has advised that the applicant’s records will be administratively corrected to reflect this information.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS states AFI 36-2606, Reenlistment in the United States Air Force, airmen in the grade of SrA and Sgt may not reenlist if the new date of separation (DOS) will exceed the year and month during which they will complete 10 years TAFMS.  The effective date of the applicant’s DOS was 5 January 1995; he had served 10 years and 2 days of active duty.

The applicant stated in his application that SrA and below who failed to progress to SSgt were separated upon reaching 12 years of TAFMS.  This HYT policy was established by Military Personnel Flight Letter (MPFL) 95-37, dated 7 June 1995.  The policy states E-4s authorized to receive a Selective Reenlist Bonus (SRB) and who had less than nine years of service were allowed to reenlist up to a maximum of 12 years of service if they received a bonus.  If they were not selected for promotion to SSgt, they were separated upon completion of the enlistment contract.  E-4s who reenlisted with a DOS beyond 12 years of service and collected an SRB must separate on the month they reached 12 years TAFMS if not selected to SSgt.  The applicant was not eligible to participate in the new HYT program for E-4s because he separated from active duty prior to the implementation of the new HYT program.

AFPC/DPPRS upon reviewing the documents provided by the applicant and his military personnel records determined the reenlistment and separation code he received are correct.  However, if the applicant wishes to reenter the military, the respective service may waive his reenlistment eligibility code based on their recruiting needs at the time of his application for enlistment.

AFPC/DPPRS further states the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, they believe his discharge was consistent with the procedural and substantive requirements of the discharge regulations.  Also, the applicant has not provided any facts to warrant a change in his RE or SPD code.  Therefore, based on the information and evidence provided, they recommend the applicant's request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 August 2004, for review and response.  As of this date, no response has been received by this office.

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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.  As noted, the Air Force verified the applicant’s entitlement to the Air Force Achievement Medal with one Oak Leaf Cluster and completion of Jumpmaster School; therefore a DD Form 215 has been issued to add these to his records.  Further, the Board has been advised administrative corrections will be accomplished to reflect the applicant was released from active duty and transferred to the Air Force Reserve.  However, with regard to the issues of his SPD and RE codes, the Board, after careful consideration of the circumstances of this case and the evidence provided by the applicant, is not persuaded the discharge action and resulting reenlistment eligibility and separation codes were in error or unjust.  The applicant’s contentions are duly noted; however, the Board agrees with the opinions and recommendations of the Air Force and adopts their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  We further note the applicant’s reenlistment eligibility code “4D” is a waiverable code and if he wishes to reenter military service, the respective service may waive the RE code depending upon the recruiting needs of the service at the time, and the applicant may be allowed to reenlist.  Therefore, in view of the above and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number BC-2004-02151 in Executive Session on 21 October 2004 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 6 Jul 04, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPRS, dated 20 Aug 04.
	Exhibit D.	Letter, SAF/MRBR, dated 27 Aug 04.