RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05498

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

The Separation Program Designator (SPD) code on his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 28 Apr 12, be amended to reflect “SEJ” for permanent disability.

APPLICANT CONTENDS THAT:

The SPD code should be “SEJ”, not “SEK” for temporary disability.    His retirement order reflects he was placed on “permanent disability retirement” as of 28 Apr 12.  Because of the error, he has not received retirement pay and his VA compensation has been incorrect.  The VA is withholding his money.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force staff sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFDD recommends granting the application.  The SPD code from the medical board finding was updated incorrectly, causing incorrect information on the applicant’s DD Form 214 and inaccuracies in his retirement pay.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 Mar 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Separation Program Designator (SPD) code on the DD Form 214, Certificate of Release or Discharge from Active Duty, dated 28 Apr 12, reflect “SEJ”.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-05498 in Executive Session on 17 Jul 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Dec 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 5 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Mar 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.