RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02037
            INDEX CODE:  136.01

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement date be changed from 1 June 2003 to 1  August  2003  so
that he would be allowed to sell back leave that he was  not  able  to
take prior to retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had submitted a request  for  an  accelerated  retirement  date  of
1 June 2003 but was not told that the new date had been approved until
10 June 2003.  Applicant contends that he was told by Retirements  and
Separations at his local Military  Personnel  Flight  (MPF)  that  the
accelerated effective date would not leave the applicant  enough  time
to complete all retirement  actions.   On  25  April  2003,  applicant
contends that he asked the MPF to cancel his request.  He was  assured
that it would be taken care of.  He called to check on the  status  of
the cancellation on 28 April 2003 and was told  that  the  accelerated
request would not happen and that he would keep his original 1  August
2003 retirement effective date.  He  contends  that  his  request  was
handled by three different individuals due to deployment and Permanent
Change of Station (PCS).   Consequently,  when  he  began  final  out-
processing on  10  June  2003,  he  was  told  that  his  request  for
accelerated  retirement  had  been  approved  and  that  he  had  been
officially retired as of 1 June  2003,  10  days  earlier.   Applicant
contends that this issue has  put  his  family  in  serious  financial
difficulty, as he will now not be paid for June and July  2003  as  he
had expected to be.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, a copy of his April 2003 Leave and Earning Statement (LES),
and copies of both retirement orders.

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

_________________________________________________________________




STATEMENT OF FACTS:

The applicant, a retired Technical Sergeant (TSgt), served a total  of
20 years, 5  months,  and  14  days  of  Regular  Active  Duty  before
retiring.  Applicant applied for voluntary retirement  on  11 February
2003, requesting an effective date of 1 August 2003.  His request  for
voluntary retirement, effective 1 August  2003,  was  approved  on  25
February 2003 by  Special  Order  AC-----.   On  10  April  2003,  the
applicant applied for an  accelerated  retirement  in  order  to  take
advantage of a time-constrained  offer  of  civilian  employment.   He
requested 1 June 2003 as  his  new  retirement  effective  date.   The
request for accelerated retirement was approved  on  13  May  2003  by
Special Order AC-0----.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRRP reviewed this application and recommended denial.   DPPRRP
states  that  after  reviewing  the  applicant’s  file,  there  is  no
documentation (e-mail, memo for  record,  etc.),  which  indicated  he
requested cancellation of his acceleration request.  DPPRRP also notes
that the applicant applied for and took 25 days of terminal leave from
7 through 31 May 2003, an action that supports their  contention  that
the applicant was fully aware that he would  be  retiring  on  1  June
2003.   DPPRRP  finds  no  evidence  of  error  or  injustice  in  the
processing of the applicant’s retirement action.  Applicant has failed
to provide any supporting documentation to show an error or  injustice
occurred.

AFPC/DPPRRP’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he was  never  given  the  opportunity  to  take
terminal leave and that he did not do so.  He contends,  and  provides
supporting documentation, that he worked the entire month of May 2003.
 He contends that because he was retired on 1 June 2003,  he  was  not
able to take his terminal leave in June 2003 as he had planned.

Applicant’s rebuttal statement, with attachments, 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of  error  or  injustice.   After  carefully  reviewing  the
evidence provided it appears as if the applicant was miscounselled  or
misrepresented as three people handled his retirement in the space  of
one month.  We find, at  the  very  least,  that  the  retirement  was
mismanaged.  Through no fault of his own, the  applicant  was  retired
two months prior to his original retirement  date  thereby  preventing
him from using his remaining leave.  Therefore, we recommend that  the
records be corrected as indicated below.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

______________________________________________________________

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 not retired  on
1 June 2003 but continued on active duty in a  terminal  leave  status
until 31 July 2003 on which date he was relieved from active duty  and
retired for length of service effective 1 August 2003.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 September 2003, under the provisions of AFI 36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Mike Novel, Member
      Mr. James A. Wolffe, Member

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

    Exhibit A.  DD Form 149, dated 11 Jun 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPPRRP, dated 10 Jul 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jul 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




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Office Of The Assistant Secretary





AFBCMR BC-2003-02037




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of 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, be corrected to show that he was not
retired on 1 June 2003 but continued on active duty in a terminal
leave status until 31 July 2003 on which date he was relieved from
active duty and retired for length of service effective 1 August 2003.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency