RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01128
INDEX CODE: 110.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His separation date be changed from 1 Nov 89 to 12 Dec 89.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served four full years in the Air Force at Edwards AFB. His
enlistment was from 13 Dec 85 through 12 Dec 89. At the end of his
enlistment, he took 40 days terminal leave starting on 1 Nov 89. The
personnel office counted his terminal leave against his time in
service. Although he was on terminal leave, he was still on active
duty until 12 Dec 89.
In support of his appeal, the applicant provided a copy of a letter of
recommendation.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 13 Dec 85 for a period
of four years.
An AF Form 31, Airman's Request for Early Separation/Separation Based
on Change in Service Obligation, indicates that on 11 Jul 89, the
applicant requested that he be separated from active duty on 1 Nov 89.
His request was approved on 18 Jul 89.
Applicant was honorably discharged on 1 Nov 89 under the provisions of
AFR 39-10 (Miscellaneous Reasons). He was credited with 7 years, 10
months, and 18 days of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial noting that the applicant separated 1
month and 12 days prior to his expiration term of service (ETS). Any
leave, whether regular or terminal, must be taken prior to a date of
separation (DOS). According to AFPC/DPPRS, the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation. Additionally, the separation was within the
discretion of the discharge authority. In their view, the applicant
did not submit any new evidence or identify any errors or injustices
that occurred in the discharge processing.
A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 9 May
03 for review and response. As of this date, no response has been
received by this office (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 or injustice warranting any corrective action.
The evidence of record indicates that the applicant requested and was
approved for an early separation from active duty, effective 1 Nov 89,
which was prior to his ETS. He contends that he took 40 days of
terminal starting on that date. However, we note that terminal leave
would have had to have been taken prior to his DOS of 1 Nov 89.
Furthermore, no evidence has been presented which would lead us to
believe that the applicant's early separation from active duty was
other than voluntary. In view of the foregoing, and in the absence of
evidence of the contrary, we conclude that the applicant has failed to
sustain his burden of establishing that he has suffered either an
error or an injustice. Accordingly, the 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 BC-
2003-01128 in Executive Session on 22 Jul 03, under the provisions of
AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Ms. Carolyn B. Willis, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 03, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 2 May 03.
Exhibit D. Letter, SAF/MRBR, dated 9 May 03.
GREGORY H. PETKOFF
Panel Chair
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