RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-03049
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His date of discharge be changed to show that he served 3 years of total
active service and he be awarded the Good Conduct Medal.
APPLICANT CONTENDS THAT:
At the time of his discharge on 4 August 1949, he had 20 days of furlough
due him and his discharge date was established prior to, rather than at the
end of his furlough. He was never advised that he would be penalized by
being credited with only 2 years, 11 months, and 8 days of service, instead
of 3 full years. Furthermore, he remained unassigned in the active reserve
during the period 12 September 1950 to 15 December 1951.
In support of the appeal, applicant submits extracts of his military
records which include an Enlisted Record and Report of Separation Honorable
Discharge, dated 4 August 1949, indicating that his allotment would be
discontinued on 31 August 1949.
The applicant’s complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
On 27 August 1946, the applicant enlisted in the Army Air Corps for a
period of three years.
The applicant was honorably discharged from the Air Force in the grade of
sergeant on 4 August 1949 under the provisions of AR 615-365 (Convenience
of the Government). He completed 2 years, 11 months, and 8 days of total
active service.
The Good Conduct Medal (GCM) is awarded upon completion of three years of
honorable service.
AIR FORCE EVALUATIONS:
The Separation Branch, AFPC/DPPRS, reviewed the application and states that
applicant was given the correct date of separation of 4 August 1949. He
elected to be paid for 22 days of his unused leave (furlough) and
therefore, he accepted the early separation date and should not be given
credit for time he did not serve. Furthermore, he has not filed a timely
request. Therefore, they recommend the application be denied.
A complete copy of the evaluation is attached at Exhibit C.
The Chief, Recognition Programs Branch, AFPC/DPPPR, reviewed the
application and states that there is no indication he was considered for
award of the Good Conduct Medal. Since he did not serve three years on
active duty, as required, he is not eligible for the award. Therefore, they
recommend denial of his request.
A complete copy of the evaluation is attached at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
The applicant reviewed the evaluations and states that he was guaranteed 30
days of furlough a year and if the furlough was used it was in your monthly
pay. However, if there was any accrued furlough not used, it was paid in
the monthly pay, not extra as indicated by the evaluation. It was not
extra pay. In addition, his brother, a lieutenant, received his furlough
time and was discharged at the end of the furlough.
The applicant’s complete response is attached at Exhibit F.
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 to warrant adjusting the
applicant’s date of separation and awarding him the Good Conduct Medal
(GCM). The applicant enlisted in the Army Air Corps on 27 August 1946 for
a period of three years and was honorably discharged for the convenience of
the government on 4 August 1949. However, since he was 22 days short of
three years of honorable service he did not meet the criteria for award of
the GCM. He states that he was discharged prior to, rather than at the end
of a 20-day furlough and was never advised that he would not be credited
with three full years of service. In view of the applicant’s honorable
service and since he is only 22 days short of entitlement to the GCM, we
believe that equity dictates that this doubtful issue be resolved in the
applicant’s behalf. Therefore, we recommend his 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 honorably discharged on 27
August 1949, rather than 4 August 1949, and awarded the Good Conduct Medal.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 21 February 2001, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Steven A. Shaw, Member
Mr. Lawrence R. Leehy, Member
Mr. Phillip E. Horton, Examiner (without vote)
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Nov 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 4 Dec 00.
Exhibit D. Letter, AFPC/DPPPR, dated 8 Dec 00.
Exhibit E. Letter, SAF/MIBR, dated 22 Dec 00.
Exhibit F. Letter, Applicant, dated 22 Dec 00.
RICHARD A. PETERSON
Panel Chair
AFBCMR 00-03049
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 he was honorably discharged on
27 August 1949, rather than 4 August 1949, and awarded the Good Conduct
Medal.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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