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AF | BCMR | CY1999 | 9803566
Original file (9803566.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03566
            INDEX NUMBER:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty,
be corrected to reflect that she had  a  Reserve  obligation;  she  be
given credit for fulfilling her Reserve obligation on 5 February 1998,
and issued a DD Form 265AF, Honorable Discharge Certificate.

She be given a formal letter of apology from Air Force  officials  for
the unnecessary delay in  the  issuance  of  her  honorable  discharge
certificate.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 4 February 1985, applicant contracted her initial enlistment in the
Regular Air Force.  She served on continuous active duty  and  entered
her last enlistment on 6 April 1992.

The applicant requested separation from  extended  active  duty  (EAD)
under the Special Separation Benefits (SSB) program, authorized by  10
USC 1174a, under which she would receive a lump sum of  $23,198.40  in
exchange for three (3) years of service with the Air Force Reserve.

The Air Force office of primary responsibility  (OPR)  indicated  that
the initial DD Fm 214, issued at the time of  applicant’s  separation,
indicated she was “Released from  Active  Duty”  (Block  23  (Type  of
Separation))  and  that  she  did  not  have  a  “Reserve   Obligation
Termination Date” (Block 6, DD Form 214).

The initial DD Form 214 was voided and a second DD Form 214 was issued
changing Block 23 from “Release  from  Active  Duty”  to  “Discharge.”
Block 6 on the second DD  Form  214  continued  to  state  “N/A”  with
respect to a Reserve Obligation Termination Date.  As a result of  the
second DD Form 214, the applicant was  discharged  from  her  enlisted
status with the USAF and, instead of being released to the  Air  Force
Reserve, all connections between the  applicant  and  the  Air  Force,
Active and Reserve, were severed.

___________________________________________________________________

AIR FORCE EVALUATION:

The  Acting  Staff  Judge  Advocate  General,  ARPC/JA,  stated  that,
regrettably, the applicant was erroneously discharged  on  5  February
1995.  After review of the application, JA concluded that all  of  the
requested corrections should be made, with the exception of the remedy
sought by the applicant in her 22 December  1998  letter:   “a  formal
apology from Air Force officials for this most  unnecessary  delay  in
issuance  of  [her]  discharge  certificate.”   From   their   current
perspective, there can be no “value  added”  in  speculating  why  the
fundamental errors were made on the DD Form  214.   In  JA’s  opinion,
their recommendations, if accepted, will serve to make the applicant’s
military personnel record accurate and complete.  They concluded  that
an error or injustice occurred in this case, but do not  believe  that
an “apology” from any Air  Force  official  is  in  order  here.   The
complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant acknowledged the advisory opinion’s recommendation that  all
of the requested actions should be  made,  but  disagreed  strenuously
that the letter of apology should be excepted.

Applicant’s complete response is at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting corrective action.
 Based on a review of the  evidence  provided,  it  appears  that  the
applicant should have been transferred to the Reserve of the Air Force
as a condition of her separation under the Special Selection  Benefits
(SSB) program.  However, for whatever reason, her separation documents
erroneously reflected she was discharged without a Reserve obligation.
 Through no fault of the applicant, she was never transferred  to  the
Air Force Reserve.  We therefore agree with the Air  Force  office  of
primary responsibility that some form of relief is warranted and  that
the applicant’s records should be corrected to  the  extent  indicated
below.

4.  Applicant’s request for a formal letter of apology from Air  Force
officials is duly noted.  However, we agree with the Air Force  office
of primary responsibility that no value would be added in  speculating
why the administrative errors occurred.  We  believe  the  recommended
corrections to the applicant’s records will provide  her  with  proper
and fitting relief.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  She was not discharged on 5 February 1995, but on that date,
she was released from active duty and transferred to  the  Reserve  of
the Air Force,  with  a  Reserve  Obligation  Termination  Date  of  5
February 1998.

      b.  She was honorably discharged from the Air Force  Reserve  on
5 February 1998, and issued an Honorable Discharge Certificate.

___________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 21 October 1999, under the provisions of AFI  36-
2603:

      Mr. Henry Romo Jr., Panel Chair
      Mr. Patrick R. Wheeler, Member
      Mr. Laurence M. Groner, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 22 Dec 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/JA, dated 28 Jun 99, w/atch.
     Exhibit D.  Letter, SAF/MIBR, dated 12 Jul 99.
     Exhibit E.  Letter from Applicant, dated 18 Jul 99, w/atch.




                                   HENRY ROMO JR.
                                   Panel Chair



AFBCMR 98-03566




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to [APPLICANT], be corrected to show that:

            a.  She was not discharged on 5 February 1995, but on that
date, she was released from active duty and transferred to the Reserve
of the Air Force, with a Reserve Obligation Termination Date of 5
February 1998.

            b.  On 5 February 1998, she was honorably discharged from
the Air Force Reserve, and issued an Honorable Discharge Certificate.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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