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AF | BCMR | CY2003 | 0203792
Original file (0203792.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03792
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge date of 28 February 1979 be changed to 15 March 1979.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Without being consulted, base personnel changed his  discharge  date  to  28
February 1979.  When he protested they refused to make the  correction.   He
was recently informed that it was possible to correct this relatively  minor
mistake.

The  applicant  provides  no  supporting  documentation.   The   applicant’s
submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 February 1979,  the  applicant  was  relieved  from  active  duty  and
transferred to the Retired Reserve effective 1 March 1979.   His  assignment
to the Retired Reserve Section was in the grade of  senior  master  sergeant
with a date of rank of 1 September 1978.  He was credited with 26  years,  5
months and 16 days of total active  duty  service  for  retirement  and  for
basic pay.

The remaining relevant facts pertaining to this application, extracted  from
the applicant's military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRRP recommends the application be denied.  DPPRRP  states  that  the
applicant submitted a voluntary application  for  retirement  requesting  an
effective date of separation of 28 February  1979,  with  retirement  to  be
effective  1  March  1979.   Section  8301,  Title  5,  United  States  Code
stipulates the effective date of all nondisability retirements as the  first
day of the month following the month in which retirement would otherwise  be
effective.  By law, he could not request a date of separation  of  15  March
1979.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He recalls requesting via a formal military letter,  a  discharge  date  not
earlier than 1 March 1979.  During his retirement interview, he was  assured
that his discharge date would be after 14 March 1979.  He  has  no  evidence
to prove what happened except the signed retirement waiver dated 8  December
1978, requesting he be retired not earlier than 1 March 1979.

Applicant’s letter, with attachment, is at Exhibit D.

_________________________________________________________________

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. Insufficient relevant evidence has  been  presented  to  demonstrate  the
existence of error.  After a thorough review of the evidence of  record  and
the applicant’s submission, we are not persuaded that his release date  from
active duty of 28  February  1979  should  be  changed  to  15  March  1979.
Applicant’s contentions are duly  noted;  however,  we  do  not  find  these
uncorroborated assertions, in and by themselves, sufficiently persuasive  to
override the evidence of record or the rationale provided by the Air  Force.
 Bound by Section 8301,  Title  5,  United  States  Code,  it  appears  that
responsible  officials  applied  appropriate  standards  in  effecting   his
release  from  active  duty  and  his  subsequent  transfer  to   retirement
effective 1 March 1979.  Therefore, we agree with the recommendation of  the
Air Force and adopt the rationale expressed as the basis for  our  decision,
that the applicant has not been a victim of an error.   Therefore,  we  find
no basis to recommend granting the relief sought.

_________________________________________________________________



THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance, and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members  of  the  Board  considered  this  application  AFBCMR
Docket Number 02-03792 in Executive Session on  19  March  2003,  under  the
provisions of AFI 36-2603:

                  Mr. Roscoe Hinton, Jr, Panel Chair
                  Ms. Patricia D. Vestal, Member
                  Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Nov 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRRP, dated 20 Dec 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
   Exhibit E.  Letter, Applicant, dated 22 Jan 03.





                                ROSCOE HINTON JR
                                Panel Chair




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