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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