RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00011 INDEX CODE: 110.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The separation code (SPD) of MGQ (Intradepartmental Transfer) on his DD Form 214, Certificate of Release or Discharge from Active Duty be changed to allow him to receive medical benefits. _________________________________________________________________ APPLICANT CONTENDS THAT: He was informed by numerous Air Force agencies that he should be covered by TRICARE for six months following his separation. In support of the appeal, the applicant submits a copy of his DD Form 214. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 30 March 2004 and was progressively promoted to the grade of senior aviator (E-4), having assumed that grade effective and with a date of rank of 14 March 2006. On 23 July 2007, he signed an AF IMT 1288, Application for Ready Reserve Assignment, under the provisions of AFI 36-3205, PALACE CHASE Program. The applicant was released from active duty effective 10 October 2007, with an honorable characterization of service, a SPD code of MGQ. He served 3 years, 6 months, and 11 days on active duty. Those members separating under PALACE CHASE are not authorized Tricare benefits. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states the SPD code of MGQ is given to those members separating under PALACE CHASE without completing the required Military Service Obligation of eight years. Those members separated under PALACE CHASE are not authorized any Tricare benefits The complete DPSOS evaluation is at Exhibit C. AFPC/DPSIZ recommends denial. DPSIZ states no authority exists to change an airman SPD code for the sole purpose of providing 180-days of medical benefits and 2-years of shopping privileges. The MGQ SPD code does not warrant Transitional Assistance Program (TAP) benefits within the Defense Enrollment Eligibility Reporting System (DEERS) for purposes of receiving an identification card with benefits and privileges. No error or injustice has occurred. To adjust an airman’s SPD code would not be consistent with the intent of the law and would create an unwarranted precedent. The complete DPSIZ evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 26 February 2010, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days. As of this date, no response has been received by this office (Exhibit E). _________________________________________________________________ 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. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we fund no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00011 in Executive Session on 20 April 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Oct 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 29 Jan 10. Exhibit D. Letter, AFPC/DPSIZ, dated 1 Feb 10 Exhibit E. Letter, SAF/MRBR, dated 25 Feb 10. Panel Chair