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AF | BCMR | CY1999 | 9901933
Original file (9901933.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-01933
            INDEX CODE:  136.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Several corrections be made to his DD Form 214,  with  the  separation
date of 30 September 1993.  Specifically, Item 7a (place of entry into
active duty), Item 21a (date entered active  duty  this  period),  and
Item 12b (separation date) are incorrect; and, a statement be added to
Item 18 (remarks) to show he served in  support  of  the  Post-Vietnam
Era.
_________________________________________________________________

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:

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________

AIR FORCE EVALUATION:

The Directorate of Personnel Program Management, HQ  AFPC/DPPRRB,  has
administratively corrected the applicant’s place of  entry  on  active
duty to Chicago, IL (item 7a).  Although the applicant did not request
correction to his decorations,  HQ  AFPC/DPPPRA  determined  that  the
applicant was entitled to award of the  Bronze  Service  Star  to  his
National Defense Service Medal; therefore, this  decoration  was  also
administratively added to his records.

DPPRRB stated that Items  12a  and  12b  are  correct;  therefore  his
request should be disapproved.  As to adding the statement  indicating
service in support  of  the  Post-Vietnam  Era,  since  there  are  no
authorizations to place statements on the DD Form 214  in  regards  to
wartime service or operations  other  than  DESERT  SHIELD/STORM,  the
applicant’s request should be disapproved.

DPPRRB indicated that when reviewing  the  applicant’s  records,  they
discovered a discrepancy in the computation of his service dates.  The
applicant’s lost time was incorrectly subtracted from his prior active
service and then subtracted wrong.  After recomputing the  applicant’s
service dates, it was determined the applicant’s total active  service
was shy by 3 days (19 years, 11 months and 27  days).   Therefore,  he
was not eligible for retirement 1 October 1993, since he did not  have
at least 20 years total  active  service  on  30  September  1993,  as
required by law.

In order for the applicant to meet eligibility requirements to  retire
with 20 years of  active  service  and  receive  retired  pay,  DPPRRB
recommended the applicant’s retirement date be changed to  1  November
1993, with a separation date of 31 October 1993.  This will  give  the
applicant 20 years, 0 months and  27  days  of  total  active  service
(Exhibit C).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  8
March 1999 for review and response.  As of this date, no response  has
been received by this office (Exhibit D).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or  injustice.   After  reviewing  the
applicant’s submission and the evidence of record,  we  are  persuaded
that some relief is warranted.  We noted that the applicant’s  records
were administratively corrected to reflect Chicago, IL, as  the  place
of entry into active duty and that he was awarded the  Bronze  Service
Star to his National Defense Service Medal.  With respect  to  the  DD
Form 214 corrections in Items 12a and 18, we are in agreement with the
opinion and recommendation of the appropriate  Air  Force  office,  HQ
AFPC/DPPRRA, that since the date in question is correct and  there  is
no authorization to add  wartime  service  or  operations  other  than
DESERT SHIELD/STORM, no action is required.   As  to  the  applicant’s
separation date (Item 12b), although the date is correct, we note that
DPPRRA discovered a discrepancy  in  the  applicant’s  service  dates,
which resulted in the applicant not completing 20 years of active duty
service at the time of his separation on 30 September 1993.   Inasmuch
as this miscalculation of active service was not discovered  prior  to
his retirement, we agree with the opinion  and  recommendation  of  HQ
AFPC/DPPRRA that the applicant’s date  of  separation  and  retirement
date should be  changed  in  order  for  the  applicant  to  meet  the
eligibility requirements to retire with 20 years of active service and
receive retired pay.  In view  of  the  foregoing,  we  recommend  the
applicant’s records be corrected to the extent indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that he  was  not  relieved
from active duty on 30 September 1993 and retired on  1 October  1993,
but was continued on active duty for the convenience of the Government
until 31 October 1993, on which date he was relieved from active  duty
and voluntarily retired, effective 1 November 1993.
_________________________________________________________________

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

                  ?(PC), Panel Chair
                  ?(M1), Member
              ?(M2), Member

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

   Exhibit A.  DD Form 149, dated 15 Jun 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letters, HQ AFPC/DPPRRB, dated 10 Feb 99.
   Exhibit D.  Letter, SAF/MIBR, dated 9 Mar 99.




                                   ?(PC)
                                   Panel Chair


AFBCMR 98-01933




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               , be corrected to that he was not
relieved from active duty on 30 September 1993 and retired on
1 October 1993, but was continued on active duty for the convenience
of the Government until 31 October 1993, on which date he was relieved
from active duty and voluntarily retired, effective 1 November 1993.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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