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AF | BCMR | CY2003 | BC-2002-01855
Original file (BC-2002-01855.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01855
            INDEX CODE:  100.00
      APPLICANT  COUNSEL:  NONE

      SSN   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Separation (DOS) be changed to 11 July 1950 to reflect  he
completed his 3-year enlistment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his records should reflect his DOS as July 11, 1950, which
would include his accrued paid leave and therefore completion of his 3-
year enlistment.  This change would make  him  eligible  to  submit  a
claim for his Chronic Obstructive Pulmonary Disease (COPD)  or  future
claims.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered Regular Air Force on 11 July 1947 for  a  period
of three years.  While serving in the grade of private first class, he
was discharged on 18 May  1950  under  the  provisions  of  AFR  39-14
(Convenience of the  Government)  with  an  honorable  discharge.   He
served 2 years, 10 months and 3 days of active service.  His  DD  Form
214 reflects he was compensated for 58 days of accrued leave.

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 that, based on the applicant's DD Form 214,  he  was
discharged prior to his Expiration of Term of Service  (ETS)  for  the
convenience of the Government and  was  compensated  for  58  days  of
accrued leave.  In a written statement provided by  the  applicant  he
requested to be discharged before his ETS.

Service members are not given credit for time  not  served  on  active
duty.  Service members are allowed to sell  back  up  to  60  days  of
accrued leave to the government and all leave must be completed  prior
to the established DOS.  Commanders are the approval authority for all
leave.

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 C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states in 1950  he
put in for his discharge thinking that his leave time accrued would be
included in his time served.  It did not happen that way  and  he  was
content until a few years ago.  He is unable to work  and  was  hoping
the discharge date can be changed to include his leave  time  (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.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  Based on the limited documentation  in  the
applicant's records, it appears that  the  discharge  was  within  the
discretion  of  the  discharge  authority  and   the   applicant   was
compensated for his accrued leave and he was separated  prior  to  his
ETS at his own request. Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

THE BOARD DETERMINES 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 AFBCMR Docket Number 02-
01855 in Executive Session on 11 March 2003, under the  provisions  of
AFI 36-2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Ms. Martha Maust, Member
                 Mr. George Franklin, Member

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

   Exhibit A.  DD Form 149, dated 30 May 02, w/atchs.
   Exhibit B.  Available Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 16 Oct 02.
   Exhibit D.  Letters, SAF/MRBR dated 18 Oct 02.
   Exhibit E.  Applicant’s Response, dated 23 Oct 02.




                       DAVID C. VAN GASBECK
                       Panel Chair

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