RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01099
            INDEX CODE:  110.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of separation (DOS) be changed from 19 Mar 01 to 19 Apr 01.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  requested,  per  AF  Form   31   (Airman’s   Request   for   Early
Separation/Separation Based  on  Change  in  Service  Obligation),  to
separate early with 19 Mar 01 being his last work day  and  19 Apr  01
being his DOS.  He questioned the 19 Mar 01 DOS on the AF Form 31  and
the airman from Separations and  Retirements  stated  that  would  not
reflect on his DD Form 214 (Certificate of Release or  Discharge  From
Active Duty).  During his final outprocessing, a member  from  finance
assigned a leave number to him when the computer  showed  his  DOS  as
19 Mar 01 when the leave form showed 19 Apr 01.  The 305th MSS/CC also
signed the leave form.  Also during  his  outprocessing,  both  airmen
from Separations and Retirements were aware of his leave ending 19 Apr
01.  They questioned who pen and ink changed the form and he told  the
airmen that finance had changed it to reflect the 29 days of leave  he
had available instead of the 30 days.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military  Service  Date  (TAFMSD)
was 8 Aug 90.

On 22 Feb 01, the applicant signed an AF  Form  31  requesting  to  be
separated on 19 Mar 01.

On 1 Mar 01, he was issued an AF Form 100 (Request  and  Authorization
for Separation) with a separation effective date of 19 Mar 01.

AF Form 988 (Leave Request/Authorization) provided  by  the  applicant
reflects that on 7 Mar 01, he requested 30 days of leave  from  19 Mar
01 to 19 Apr 01, with a DOS of 19 Apr 01.  However, the form  reflects
pen and ink changes that show that the 30 days was changed to 29  days
of leave and the leave dates were changed from 19 Mar 01 to 22 Mar  01
through 19 Apr 01.

On 19 Mar 01, the applicant was discharged under the provisions of AFI
36-3208   (Miscellaneous/General   Reasons)    with    an    honorable
characterization of service in the grade of staff  sergeant.   He  was
credited with 11 years, 7 months, and 11 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Noncommissioned Officer-In-Charge (NCOIC),  Separation  Procedures
Section, AFPC/DPPRS, reviewed  this  application  and  indicated  that
although the applicant states his DOS should have been 19 Apr 01,  the
separation documents in his file show he requested a  separation  date
of 19 Mar 01.   The  DD  Form  214  was  subsequently  issued  with  a
separation date of 19 Mar 01.

On 30 Apr 01, DPPRS contacted the references listed by  the  applicant
to confirm the basis of his request.  Per telephone conversation  with
the Superintendent, Separations and Retirements, the applicant did not
contact her section until several days  after  his  DOS  had  expired.
According to the NCOIC, Separations  and  Retirements,  the  applicant
specifically requested a DOS of 19 Mar 01.  The separation  clerk  who
processed the applicant’s request also  provided  a  memo  documenting
what took place.  The  applicant’s  commander,  in  his  letter  dated
30 Apr 01, stated the applicant “went through the proper procedures of
separating with 19 Mar 01 in mind as his last work  day  and  with  30
days of leave  available,  19 Apr  01  as  his  date  of  separation.”
Unfortunately, this information conflicts with the separation  request
signed by the applicant and  the  commander.   As  noted  earlier,  on
22 Feb 01, the applicant  requested  to  separate  on  19 Mar  01  and
received his commander’s endorsement.  DPPRS also notes that on  9 Mar
01, the commander approved the applicant’s request  to  take  terminal
leave from  19 Mar  01  to  19 Apr  01.   They  agree  that  there  is
conflicting information between the applicant’s separation request and
his leave form.  However, as the office of primary responsibility  for
separation documents, their recommendation is made  in  light  of  the
separation documents submitted by the applicant and  endorsed  by  his
commander.  Based on the separation documents on file,  they  find  no
error in the DOS documented on the applicant’s  DD  Form  214.   As  a
result, they recommend applicant’s records remain  the  same  and  his
request be denied.

A complete copy of the Air  Force  evaluation,  with  attachments,  is
attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air  Force  evaluation  and  responded  to  the
memorandums  referenced  by  the  Air  Force.   In  reference  to  the
memorandum from the Superintendent, Separations  and  Retirements,  he
did state to the Superintendent during their telephone conversation on
3 Apr 01 that he had brought to the  airman’s  attention  his  concern
with the DOS listed on two different occasions.  The  first  time  was
when the AF Form 31 had been approved and she had him sign some papers
and the second time was at his final out processing appointment.   If,
in fact, his DOS was to be 19 Mar  01,  there  were  a  lot  of  loose
strings left undone.  He never filled out a leave sell  back  form  or
turned in his identification (ID) cards which normally should be  done
at his final out processing.  Somewhere, somebody knew his  plans  but
no one seems to want to face their  mistakes.   In  reference  to  the
memorandum from the NCOIC, Separations & Retirements,  stated  in  her
remarks, “I did not catch this error…,” as the NCOIC  of  Separations,
her responsibility was to assure that official military  records  were
correct.  If someone had filled out a Leave  Request  form  for  dates
after the proposed DOS, doesn’t that pose for attention?  In reference
to the memorandum from Separations  and  Retirements,  stated  in  her
remarks also, “After reviewing his DD Form 214 I realized that  I  had
made  a  mistake.”   Again,  assigned  to  Separations,  it  is  their
responsibility to catch mistakes and fix them  before  the  member  is
“unavailable  to  sign.”   Also,  on  16 Mar  01,  at  the  final  out
processing appointment, he specifically asked about  the  DOS  listed.
The airman said, “This will all be corrected on the official  DD  Form
214 after we receive your medical records” (which were held  back  for
copying).  Assuming that the airman knew her job and what needed to be
done and that he had terminal leave approved  for  22 Mar  01  through
19 Apr  01,  he  signed  the  forms  necessary  to  complete  his  out
processing.  This has been a stress on his family.  Not only did  they
lose over $1,000  pay  that  they  were  counting  on  to  ease  their
transition into civilian life, but also they lost a month  of  medical
coverage that they had planned on.  It is clear  that  his  intentions
were to be on terminal leave for a month, still receiving his military
benefits while he settled into the civilian workforce.  He was under a
lot of stress when he filled out the AF Form 31, trying to  take  care
of military issues along with getting his family  ready  for  civilian
life in a one-month time period.  He also stated that  his  intentions
were to be separated on 19 Apr 01 with his last duty day on 19 Mar 01.
 He apologizes for the misunderstanding when he filed the AF Form  31;
however, he does not believe that he should be on the  losing  end  of
the battle.  The people at Separations at McGuire AFB clearly did  not
do their job in assisting him with his separation  and  assuring  that
all records were correct.  Had  this  mistake  been  caught  at  their
level, it could have been fixed before it became a problem and  before
he left the area.

Applicant’s complete response is attached 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.   While  the  separation
documents in the applicant’s file indicate he requested  a  separation
date of  19 Mar  01,  we  note  conflicting  information  between  his
separation request and his leave form.  While we agree the  separation
documents reflect he requested a separation date of 19 Mar 01, we note
the statement from the applicant’s commander who  confirmed  what  the
applicant’s intentions were upon separating from active duty and  that
applicant’s actual separation day should have been 19 Apr  01.   While
the applicant has requested his DOS be changed to 19 Apr 01,  he  only
had 27 days of accrued leave at the time of separation and would  only
have accrued two additional days had he been placed on terminal  leave
instead of being discharged.  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 not discharged
effective 19 Mar 01, but continued on active duty in a terminal  leave
status until 16 Apr 01, on which date he was honorably discharged from
active duty  under  the  provisions  of  AFI  36-3208  and  issued  an
Honorable Discharge Certificate.

_________________________________________________________________







The following members of the  Board  considered  this  application  in
Executive Session on 23 August 2001, under the provisions of  AFI  36-
2603:

                  Mr. Joseph A. Roj, Panel Chair
                  Ms. Brenda L. Romine, Member
              Ms. Olga M. Crerar, Member

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

     Exhibit A.  DD Form 149, dated 17 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 7 May 01, w/atchs.
     Exhibit D.  Letter, AFBCMR, dated 15 Jun 01.
     Exhibit E.  Letter fr applicant, undated.




                                   JOSEPH A. ROJ
                                   Panel Chair


AFBCMR 01-01099




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 show that he  was  not  discharged
effective 19 March 2001, but continued on active duty  in  a  terminal
leave status until 16 April 2001,  on  which  date  he  was  honorably
discharged from active duty under the provisions of  AFI  36-3208  and
issued an Honorable Discharge Certificate.







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency