RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01854

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His record be corrected to show he received a 15-year retirement.

APPLICANT’S CONTENTIONS

The Air Force Discharge Review Board (AFDRB) determined his 2016 discharge was improper, so they changed the Narrative Reason for Separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, from “Personality Disorder” to “Secretarial Authority,” but did not change his reentry (RE) code.  He believes the discharge injustice cost him his career and he was 1.5 years away from being able to retire at 15 years of service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force senior airman (E-4).

On 25 Jun 02, according to DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, the applicant enlisted in the Air Force Reserve for eight years under the Delayed Entry/Enlistment Program (DEP).  He was discharged from the DEP and enlisted in the Regular Air Force 19 Nov 02 for a period of four years.

On 18 Jul 16, DD Form 214 indicates the applicant was honorably discharged from the Air Force with the narrative reason for separation of “Personality Disorder,” with a corresponding separation code of “JEB” and reentry code “2Q.”  He was credited with 13 years and 8 months of active service.

On 28 Oct 20, the applicant submitted a request to the AFDRB to change the narrative reason for separation on his DD Form 214.

On 31 May 21, the AFDRB concluded neither the evidence of record, nor that provided by the applicant substantiated any inequity.  However, sufficient evidence existed to convince the board the discharge was improper.  Therefore, the board determined the discharge narrative reason was more accurately described as “Secretarial Authority,” but voted unanimously to deny a change to the RE code.

On 2 Apr 21, a new DD Form 214 was issued and indicates the applicant was honorably discharged from the Air Force with the narrative reason for separation of “Secretarial Authority,”  with a corresponding separation code of “JFF” and reentry code “4D.”  He was credited with 13 years and 8 months of active service.

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

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  On 12 Apr 12, the Office of the Under Secretary of Defense released a memorandum to the Services, titled Temporary Early Retirement Authority (TERA) Procedural Guidance. The guidance states that the “purpose of early retirement is to provide the Department of Defense a temporary additional management tool to draw down the Military Departments through 2018.  TERA is not an entitlement.  TERA has not been offered to enlisted service members since 13 May 14.  Additionally, because the applicant did not complete 15 years of service at the time of separation, he would not have met the legislative requirements for early retirement, had it been offered by the Service Secretary in 2016.  Finally, had the applicant been allowed to remain on active duty, he would not have been eligible to retire under TERA since it was not an option in 2017 when the applicant would have reached 15 years of service.   

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 3 Feb 22 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of HQ AFPC/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-01854 in Executive Session on 23 Feb 22 and 4 Mar 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 20 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Feb 22.

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.