RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-02615
            INDEX CODE 112.07  112.05
            COUNSEL:  J. Byron Halcomb

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 26 Feb 65 release from active duty from the Air Force  be  changed
so that he would have four years of total active service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DOS should be changed so  he  would  have  four  years  of  active
service. This makes him four days short of  20  years  of  service  to
qualify for Reserve retirement. His DOS of 28 Feb 65 was a Sunday in a
non-leap year. Current (Feb 01) DOD  Financial  Management  Regulation
stipulates that if 28 Feb is in a non-leap year, it should be  changed
to 30 Feb for computation purposes. This recalculation would give  him
the time he needs to obtain the necessary credit to retire  with  pay.
Block 24 on his DD Form 214 should correctly state he had  four  years
of active service with the Air Force.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 1 Mar 61 for  a  period  of
four years, giving him a projected date of separation (DOS) of 28  Feb
65.  However,  AFR  39-14,  Separation  for  the  Convenience  of  the
Government, paragraph 3n, dated 21 Jul 64, indicated a Regular  airman
who did not intend to reenlist, and whose normal  expiration  term  of
service (ETS) separation date fell on a non-workday (Saturday,  Sunday
or a holiday), would be separated on the preceding workday.  SAC  Form
495, Selection Notification  and  Airman  Action,  dated  16  Apr  64,
indicated the applicant had been  selected  for  reenlistment  but  he
declined reenlistment and understood he would  not  be  given  further
consideration for reenlistment. As a result, the  applicant’s  DOS  on
his DD Form 214 apparently was adjusted from 28 Feb 65 to  26 Feb  65.
His DD Form 214 credits him with 3 years, 11 months  and  28  days  of
total active service. The reason given for  his  release  from  active
duty was ETS.

According  to  the  Statement  of  Service  (SOS)  for  Naval  Reserve
Retirement, dated 7 Jan 98 and provided by the applicant  (Exhibit A),
he joined the Navy Reserves on 27 Feb 65, following his  release  from
active duty from the Air Force. However, he did  not  earn  sufficient
points to have satisfactory years for retirement. He was discharged on
28 Feb 67 and rejoined the Navy Reserve on 7 Jan 81. However, he still
did not begin earning sufficient points  for  satisfactory  years  for
retirement until 7 Jan 82.

Based on his Navy Reserve SOS, he accrued a  total  of  19  years,  11
months and (rather than 28) 26 days of qualifying years of service. He
lacks four days of satisfactory service to qualify for retirement.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRSP  believes  the  discharge  was  consistent  with   the
procedural and substantive requirements of the  discharge  regulation.
The applicant did not submit any new evidence or  identify  errors  or
injustices that occurred in the discharge processing. According to AFR
39-14, his DOS was adjusted to 26 Feb 65 because 28 Feb 65 fell  on  a
non-workday. Therefore, his appeal should be denied.

A complete copy of the evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel asserts that everyone agrees that the term of service for  the
applicant is 3 years, 11 months and 28 days, that 1965 was not a  leap
year, and that 3 years, 11 months and 28 days  would  be  28  Feb  65.
Counsel therefore believes the applicant served four full  years.  His
client would have gladly served through Sunday, 28 Feb 65 had he known
in hindsight that the Air Force would be  taking  the  hyper-technical
position it does. He claims the applicant did not have any  option  in
being separated from active duty and should be granted the  relief  he
requests.

A complete copy of counsel’s response is at 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 to timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice to warrant granting the  requested
relief.  The applicant enlisted in the Regular Air Force on 1  Mar  61
for four years, giving him a date of separation of 28 Feb 65.  He  was
discharged on 26 Feb 65 in accordance with directives in effect at the
time and, according to his DD Form 214, was credited with 3 years,  11
months and 28 days of active service. While technically there  was  no
error in the discharge  date,  we  believe  the  applicant  should  be
credited with a total of four years. He contracted to serve  for  four
years and it appears he was not given the  opportunity  to  remain  on
active duty over a weekend until 28 Feb 65, thereby crediting him with
four years of service. Clearly, had he known the consequences of being
discharged on 26 Feb vice 28 Feb, he would have served  the  remaining
two days. Since the applicant joined the Navy Reserves after  his  Air
Force discharge, we recommend the needed active service  be  added  to
the “front end” of his Air Force enlistment rather than at the end  in
order to avoid any service/pay complications. Therefore, we  recommend
the applicant’s records be amended as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to show that he enlisted in the
Regular Air Force on 26 February 1961, rather than 1 March 1961.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 29 January 2004 under the provisions of  AFI  36-
2603:

                 Ms. Carolyn J. Watkins-Taylor, Panel Chair
                 Mr. John B. Hennessey, Member
                 Ms. Deborah A. Erickson, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-02615 was considered:

   Exhibit A.  DD Form 149, dated 31 Jul 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRSP, dated 26 Nov 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
   Exhibit E.  Letter, Counsel, dated 9 Jan 03.




                                   CAROLYN J. WATKINS-TAYLOR
                                   Panel Chair




AFBCMR BC-2003-02615




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     , be corrected to show that he enlisted in the
Regular Air Force on 26 February 1961, rather than 1 March 1961.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency