RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-04243

XXXXXXXXXXX	COUNSEL:  NONE

 	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, Item 28 (Narrative Reason for Separation) be changed to reflect that he was involuntarily separated due to high year tenure (HYT).

APPLICANT’S CONTENTIONS

He was demoted from the grade of staff sergeant (E-5) to senior airman (E-4) and should have been involuntarily separated based on HYT; however, his separation was erroneously processed as a voluntary separation. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force senior airman.

On 28 December 2018, according to Special Order AA-013, dated 30 January 2019, the applicant was demoted from the grade of E-5 to E-4.

On 27 February 2019, the applicant signed an Individual Ready Reserve Agreement Conditional for Enlisted Separation Pay.

On 27 April 2019, the applicant was honorably discharged with a separation code and corresponding narrative reason for separation of KBK (Completion of Required Service).  He was credited with 9 years, 6 months and 27 days of active duty service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2STM recommends granting the application.  Based on a review of the applicant’s request and supporting documentation, there is evidence of an error/injustice with the discharge processing.  The applicant was demoted to the grade of E-4, effective 28 December 2018.  However, it was determined that an individual in the Military Personnel Flight erroneously updated the applicant’s HYT and date of separation (DOS) to reflect 27 April 2019.  The new HYT rule, which took effect in October 2018, would have automatically changed his DOS to 1 October 2019.  Through no fault of his own, the applicant was separated prior to reaching HYT for his new rank.  Furthermore, in accordance with AFI 36-3208 Administrative Separation of Airmen, the applicant is only eligible to receive half separation pay due to being on the Control Roster at the time of discharge.      

The complete advisory opinion 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 19 September 2019 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:
	
a. On 27 February 2019, competent authority approved his request to serve in the Individual Ready Reserve for 3 years, and he was entitled to receive half (½) separation pay, in accordance with Title 10 United States Code, Section 1174: Separation pay upon involuntary discharge or release from active duty.

b. The DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 27 April 2019 discharge, be amended in Block 26 ( Separation Code) to reflect “LGH” and Block 28 (Narrative Reason for Separation) to reflect “Failure to Meet Minimum Retention Standards.” 

c.  The Defense Finance and Accounting Service accept the Individual Ready Reserve  agreement signed by APPLICANT on 27 February 2019, and remit payment.

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-2019-04243 in Executive Session on 28 May 2020:

, 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 23 August 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, w/atch, dated 19 September 2019.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 September 2019.

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