RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01283

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Change his DD Form 214, Certificate of Release or Discharge from Active Duty, issued 15 Mar 05, NARRATIVE REASON FOR SEPARATION with corresponding SEPARATION PROGRAM DESIGNATOR (SPD) CODE to reflect his discharge was due to a “Reduction in Force” or “Force Shaping,” instead of due to “Miscellaneous/General Reasons.”    

APPLICANT’S CONTENTIONS

He was granted an early separation (served less than 2 years of a 6-year enlistment contract) based on the operational needs of the Air Force.  In good faith, he transferred to the Air National Guard and served 3 ½ years.  The SPD code of MND and NARRATIVE REASON FOR SEPARATION of “Miscellaneous/General Reasons,” are hindering his ability to get certain Department of Veteran’s Affairs (DVA) benefits.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 24 Jun 03, the applicant initially entered the Regular Air Force.

On 1 Feb 05, the applicant applied for a voluntary separation under the FY04 Force Shaping Limited Active Duty Service Commitment (LADSC) Phase 2, waiver program.  

On 15 Mar 05, the applicant was honorably discharged, under the FY04 Force Shaping LADSC Phase 2 waiver program, having served 1 year, 8 months, and 22 days of active service.  

On 16 Mar 05, the applicant enlisted in the Texas Air National Guard.

On 15 Sep 08, the applicant was honorably discharged, and transferred to the Air Force Reserves, effective 16 Sep 08.  

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

APPLICABLE AUTHORITY 

According to DoDI 1332.14, Enlisted Administrative Separations and AFI 36-3208, Administrative Separation of Airmen.  An enlisted Service member may be separated for Convenience of the Government for numerous reasons.  Airmen who do not qualify for separation for another reason may ask for separation under the “Miscellaneous Reasons” provision.  As a rule, applications when the airman’s early separation will serve the best interest of the Air Force should be approved.  A discharge under this authority is considered a Voluntary Convenience of the Government separation. 

According to AFI 36-3202, Separation Documents and DD Form 214 Total Force Personnel Services Delivery Guide, Enlisted members who are discharged for the Convenience of the Government should have "Convenience of the Government" entered after the Narrative Reason for Separation in Block 28 (Narrative Reason for Separation).  For Example “Miscellaneous/General Reasons (Convenience of the Government).”

See Applicable Authority excerpts at Exhibit B.

AIR FORCE EVALUATION

AFPC/DP2SSR, recommends denying the application.  On 15 mar 05, the applicant was discharged under the provisions of AFI 36-3208, Enlisted Separation of Airmen, (Intra Departmental Transfer) and MPFM 04-35, Air Force Force Shaping Program, with an honorable service characterization.  The applicant voluntarily requested Palace Chase separation under the Force Shaping Program, affording him the opportunity to leave the active duty component and transition to the Air Reserve Component (ARC), where he joined the Air National Guard.  Only individuals who didn’t voluntarily separate and were selected by the Force Shaping Board for non-retention on active duty were given the narrative reason and SPD code of “Reduction in Force.”  Therefore, the narrative reason and SPD code given for the member going Palace Chase is correct as indicated on the DD Form 214 in his Master of Personnel Record (MPR).  

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 30 Aug 21 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION

AFPC/DP2SSR, recommends denying the application. The applicant’s military records reveal he requested and was granted a voluntary separation under the Force Shaping Program, affording the opportunity to leave active duty prior to completion of their required active duty service commitment, called the Limited Active Duty Service Commitment (LADSC).  The LADSC required individuals to submit requests for separation under the “miscellaneous/general reasons” (SPD code MND).  Only individuals who did not voluntarily separate and were subsequently selected by the Force Shaping Board for non-retention on active duty were given the narrative reason and SPD code of “Reduction in Force.”  Therefore, the narrative reason and SPD code is correct as indicated on the applicant’s DD Form 214.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 17 Sep 21 for comment (Exhibit F), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not 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 AFPC/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Records revealed the applicant voluntarily separated prior to his required active duty service commitment through the Force Shaping Program, under the Limited Active Duty Service Commitment (LADSC).  The LADSC required individuals to submit requests for separation under the “miscellaneous/general reasons” (SPD code MND), which his DD Form 214 correctly reflects.  Additionally, the Board took note of the applicant’s contention that his honorable discharge with SPD code of MND and NARRATIVE REASON FOR SEPARATION of “miscellaneous/general reasons” are hindering his ability to get certain DVA benefits.  The applicant has not provided any evidence to support this contention, however, he may petition the Board for reconsideration.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2021-01283 in Executive Session on 2 Nov 21:

, 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 24 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 9 Jul 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 30 Aug 21.
Exhibit E:	Additional Advisory opinion, AFPC/DP2SSR, dated 17 Sep 21.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 17 Sep 21.

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.