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AF | BCMR | CY2002 | BC-2002-02481
Original file (BC-2002-02481.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02481
            INDEX CODE:  100.00
      APPLICANT  COUNSEL:  NONE

      SSN   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  Expiration  Term  of Service  (ETS)  date  be   changed   from  1
September 1961 to 3 September 1961.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There was an error in calculating  his  release  date.   He  was  only
credited for 3 years, 11 months  and  29  days  of  service.   He  was
discharged on a Friday and should have received  credit  for  Saturday
and Sunday.  He believes he should have been credited with a total  of
4 years of service.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant  entered Regular Air Force  as an  airman   basic  on  3
September 1957 for a period of  four  years.   While  serving  in  the
grade  of  airman  second  class,  he  was  discharged  on 1 September
1961  under  the  provisions  of  AFR  39-14,  Separation  of  Airman,
paragraph 3n (when normal expiration of term of service (ETS) falls on
a non-workday).  He received an  honorable  discharge.   He  served  3
years, 11 months and 29 days of active service.

Applicant's military personnel records were destroyed by the 1973 fire
at the National Personnel  Records  Center;  therefore,  only  limited
information is available for review.  The relevant facts pertaining to
this application, extracted from the  applicant's  available  military
records, are contained in  the  letter  prepared  by  the  appropriate
office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states based  on  the  applicant's  DD  Form  214,  he  was
released in accordance with AFR 39-14,  paragraph  3n,  which  states,
"Separation when normal ETS separation date falls on a non-workday may
request separation on the last workday  prior  to  the  weekend  or  a
holiday."  "If a member  does  not  request  separation  on  the  last
workday prior to the weekend or holiday, he will be separated  on  his
normal ETS date."  The applicant's separation designator code and  the
reason  for  separation  on  his  DD  Form  214  reference  the  above
regulation and paragraph,  which  indicates  the  applicant  probably,
requested to be separated 2-days prior to his ETS.  DPPRS believes the
applicant was counseled on separating prior  to  his  normal  ETS  and
informed that he would not be given credit  for  four  full  years  of
service.  Members cannot be given credit for time not served.

AFPC/DPPRS further states  the  applicant  did  not  provide  any  new
evidence or identify any errors or injustices  that  occurred  in  the
processing of his discharge.  They believe the  applicant's  discharge
was consistent with the procedural and substantive requirements of the
discharge  regulation;  and  the  discharge  was  within   the   sound
discretion of the discharge authority.  DPPRS recommends  denying  the
requested relief.

A complete copy of the evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he was  not
counseled on separating prior to his  ETS.   The  personnel  officials
have no way to  know  if  he  was  counseled.   A  military  personnel
separation employee told him that the office was not manned  over  the
weekend and in order to process his paperwork and finances he would be
released on Friday.  The personnel office chose  to  separate  him  on
Friday for their convenience.  He did not request to  be  separated  2
days prior to his ETS.  When he enlisted in the Air Force he  took  an
oath to serve his  country  for  the  length  of  his  enlistment,  he
enlisted for 4 years not 3 years, 11 months and 29 days (Exhibit E).

_________________________________________________________________

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 of timely file.

3.    Sufficient relevant evidence has been presented to  demonstrate
the existence of  an  error  or  injustice  warranting  changing  the
applicant’s Expiration Term of Service  Date  (ETS).   The  applicant
states the personnel officer informed him that  the  office  was  not
manned on the weekend and in order to properly process his  paperwork
that he  would  have  to  separate  that  day  (Friday).   Since  the
applicant enlisted for a period of four years and in the  absence  of
evidence concerning whether or not he  was  provided  counseling,  we
believe any doubt in this matter should be resolved in the  favor  of
the applicant.  In view of the foregoing, 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 3 September 1961, rather than 1 September 1961.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
02481 in Executive Session on 12 December 2002 under the provisions of
AFI 36-2603:

                 Mr. Albert F. Lowas, Jr., Panel Chair
                 Ms. Martha J. Evans, Member
                 Ms. Carolyn B. Willis, Member

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

   Exhibit A.  DD Form 149, dated 2 Aug 02, w/atchs.
   Exhibit B.  Fire Related Documents.
   Exhibit C.  Letter, AFPC/DPPRS, dated 1 Nov 02.
   Exhibit D.  Letters, SAF/MRBR dated 8 Nov 02.
   Exhibit E.  Applicant’s Response.




                       ALBERT F. LOWAS, JR.
                       Panel Chair






AFBCMR 02-02481
INDEX CODE:  100.00


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction for 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, SSN, be corrected to show that he was
not honorably discharged on 1 September 1961, but that he continued
on active duty until 3 September 1961, on which date he was
honorably discharged.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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