RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00207
            INDEX CODE:  110.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

a.  His date of separation (DOS) from the Air Force be changed.

b.  He be entitled to receive separation pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not notified nor briefed that he was eligible to receive 20  days  of
permissive temporary duty (PDTY) that he was  entitled  to,  in  conjunction
with his separation.  Changing his separation  date  would  entitle  him  to
receive separation pay that he did not receive because  he  was  erroneously
informed of the entitlement.  He was briefed during his out processing  that
he would be entitled to receive  separation  pay  and  his  DD  Fm  214  was
annotated to reflect that he would receive separation pay in the  amount  of
$5,595.51.  However, after he never received the payment he called to  check
on the status and was told that because he had not completed the required  6
years of service, he was not  entitled  to  separation  pay.   He  also  was
informed that he was entitled to the 20 days of PTDY, but  did  not  receive
nor was briefed about them.

In support of his request, applicant provided a statement  from  his  former
commander, a personal statement, a copy of his DD Fm 214, and  a  memorandum
from AFPC/DPPTF.  His complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  10
Jan 96 and was progressively promoted to the grade of senior  airman  having
assumed that grade effective and with a date of rank of 10 Jan 99.

On  3  Dec  01,  applicant  was  notified  by  his  commander  that  he  was
recommending that he be discharged from the Air Force under  the  provisions
of AFPD 36-32 and AFI 36-3208, paragraph  5.65.   The  specific  reason  for
this action was his fourth unsatisfactory weigh-in and for failing  to  lose
the weight or body fat required under the  Weight  Management  Program.   He
was advised of his rights in this matter and acknowledged  receipt  on  that
same  date.   After  consulting  counsel,  he  waived  his   right   to   an
administrative   discharge   board   requested   discharge   with    service
characterized as honorable.  In a legal review of the  discharge,  the  wing
staff judge advocate found the case legally sufficient and recommended  that
he be discharged.  On 14  Dec  01,  the  discharge  authority  approved  the
recommendation  and  directed  that  he  be  discharged  with  an  honorable
discharge.  He was discharged from the Air Force on 19 Dec 01.  He served  5
years, 11 months, and 10 days on active duty.

Applicant's DD Form 214 indicates that he was entitled  to  separation  pay.
However, since he did not serve the required 6 years, he was not  authorized
the separation pay.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPT reviewed applicant's request and recommends denial.   DPPT  states
that transition related PTDY  is  not  an  entitlement;  it  is  a  benefit.
Commanders my approve all or part of the  maximum  20  days  authorized  for
personnel stationed in the continental United States (CONUS) if  there  will
be no adverse mission impact and the PTDY will  be  appropriately  used  for
legitimate relocation/employment-related activities.  It was  verified  that
he received preseparation counseling on 5 Dec  01.   On  his  signed  DD  Fm
2648, Preseparation Counseling  Checklist,  he  indicated  that  he  desired
additional counseling on PTDY.  The form is  clearly  marked  to  reflect  a
referral to the squadron commander and that it takes commander approval  for
PTDY.  There is no evidence to  substantiate  his  claim  that  he  was  not
properly counseled.  The applicant was asked to provide a  copy  of  the  IG
case file in which he indicated that it was determined that he was  entitled
to those 20 days but was not briefed about them and did  not  receive  them.
He failed to provide a copy of the IG case file.  The DPPT evaluation,  with
attachments, is at Exhibit C.

AFPC/DPPRS reviewed applicant's request, concurs with the DPPT,  evaluation,
and recommends denial.  The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he understands that he can no  longer  take  the  PTDY
that he had  initially  requested  because  the  time  period  has  expired.
However, he feels that he was cheated out of that  time  and  is  requesting
that his separation date be changed to 10 Jan 01.  That date is the exact 6-
year mark, which according to the IG's office is when he would  be  eligible
for separation pay.  It was explained to him during his  outprocessing  that
his active duty time  plus  his  delayed  enlistment  time  would  make  him
eligible for separation pay.  When he  was  being  briefed,  the  Transition
Assistance Program (TAP) manager  did  talk  about  PDTY,  but  only  for  a
moment, because it was told by his commander that because of the  nature  of
his separation he was not permitted to take leave in  conjunction  with  his
separation, and that all of his leave had  to  be  sold  back.   Because  of
this, he was under the impression that PDTY was out of  the  question.   His
complete submission 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 error or injustice.  In regard to the  applicant's  contentions
concerning PTDY for relocation and employment-related  activities,  we  note
the supporting statement from his commander, we believe that  the  applicant
has been the victim of an injustice.  In this respect, the commander  states
that he would have approved up to 20 days PTDY had the  applicant  submitted
a request.  Based on the evidence of record, it appears that  the  applicant
was eligible for transition-related benefits and in view of  the  supporting
statement from his commander; we recommend that his date  of  separation  be
changed from  19  December  2001  to  9  January  2002.   In  view  of  this
determination, applicant will have the  required  years  of  service  to  be
eligible for separation pay; therefore, his record should  be  corrected  to
show he was eligible to 1/2 separation pay.

_________________________________________________________________

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  from  the  Air
Force on December 19, 2001, but was continued  on  active  military  service
until January 9, 2001, on which date he  was  discharged  from  active  duty
with entitlement to 1/2 separation pay.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-00207  in
Executive Session on 18 Jul 02, under the provisions of AFI 36-2603:

      Mr. Albert F. Lowas, Jr., Panel Chair
      Mr. Mike Novel, Member
      Ms. Marilyn Thomas, Member

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

     Exhibit A.  DD Form 149, dated 14 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPT, dated 3 Apr 02.
     Exhibit D.  Letter, AFPC/DPPRS, sated 3 Apr 02.
     Exhibit E.  Letter, SAF/MRBR, dated 12 Apr 02.
     Exhibit F.  Letter, Applicant, dated 25 Apr 02




                             ALBERT F. LOWAS, JR.
                                             Panel Chair

AFBCMR 02-00207




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 he was not discharged from
the Air Force on December 19, 2001, but was continued on active duty until
January 9, 2002, on which date he was discharged from active duty with
entitlement to 1/2 separation pay.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency