RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03588
            INDEX CODE:  110.01
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  26 MARCH 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of discharge be changed from  15  September  1967  to  17 September
1967, and his record be corrected to show he served 4 years on active  duty,
rather than 3 years, 11 months and 28 days.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His date of separation was on a Sunday, so he was released from active  duty
two days early.  He had served enough  time  on  active  duty  in  the  Army
National Guard to  retire  if  he  had  completed  four  years  active  duty
service.  He is two days short of having a good  year  for  retirement.   He
needs 365 points, and he only produced 363 points in his  fourth  year.   He
always calculated his four years of service in the Air  Force;  however,  he
was informed he had to stay one more year because of a two-day early out.

In support  of  the  application,  the  applicant  submits  a  copy  of  his
separation document (DD 214).  The  applicant's  complete  submission,  with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 18 September 1963, the applicant enlisted in the  Regular  Air  Force  in
the grade of Airman Basic (E-1) at the age of 18 for a period  of  four  (4)
years.  He was progressively promoted to the grade of Airman First Class (E-
4) effective and with a date of  rank  of  20  June  1966.   His  separation
document reflects he  received  the  Vietnam  Service  Medal,  the  National
Defense Service Medal, the Air Force Good Conduct Medal, and the Small  Arms
Expert Marksmanship Ribbon.

On 15 September 1967, the applicant was honorably released from active  duty
because of Expiration of Term of Service (non-workday).   He  had  served  3
years, 11 months, and 28 days on active duty service.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  indicates  the  applicant   was
released from active duty effective 15 September 1967 under  the  provisions
of AFM 39-10, paragraph 3-8m, which states a regular  airman  who  does  not
intend to reenlist and whose normal ETS separation  date  falls  on  a  non-
workday (Saturday, Sunday, or a holiday) will be separated on the  preceding
workday.  The applicant’s expiration term of service was on  a  Sunday,  and
he was separated the preceding workday (Friday).  DPPRS  states  that  based
on the documentation  on  file  in  the  former  member’s  master  personnel
record, the discharge was consistent with  the  procedural  and  substantive
requirements of  the  discharge  regulation.   DPPRS  states  there  are  no
provisions to  grant  credit  for  unserved  service  nor  do  they  support
awarding the applicant credit for two additional days to  permit  retirement
from the Army National Guard.  Applicant did  not  submit  any  evidence  or
identify any errors in the discharge processing, nor did  he  provide  facts
warranting a change to his separation date.

The DPPRS evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 10 December 2004.  As of this date,  this  office  has
received no response (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.  While there is  no  indication  the  applicant’s
release  from  active  duty  on  15 September  1967  was  contrary  to   the
provisions of the Air Force regulation then in effect, we believe  favorable
consideration  of  his  request  would  be  appropriate.    Based   on   the
applicant’s statement regarding his calculation of his retirement  date,  it
appears he may have been miscounseled.  We are aware that subsequent to  the
applicant’s separation, Air Force policy  was  changed  to  require  members
whose ETS fell on a nonduty day to be separated on  their  ETS  date  unless
the member specifically requested separation on the  last  duty  day  before
his or her scheduled ETS.  Since it appears  the  applicant  relied  to  his
detriment on the mistaken belief that, because he enlisted for  four  years,
he had been credited with four years of service and he now  needs  two  days
of credit for a satisfactory year of Federal service  for  the  purposes  of
eligibility for a Reserve retirement, we believe any doubt  in  this  matter
should be resolved in  the  applicant’s  favor.   Accordingly,  his  records
should be corrected to the extent indicated below.

_________________________________________________________________

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  honorably  discharged  on  17
September 1967, rather than 15 September 1967.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 May 2005, under the provisions of AFI 36-2603:

                Mr. Joseph G. Diamond, Panel Chair
                Mr. Michael J. Maglio, Member
                Mr. Charles E. Bennett, Member


The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2004-03588:

     Exhibit A.  DD Form 149, dated 17 Nov 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 8 Dec 04.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Dec 05.





                                  JOSEPH G. DIAMOND
                                  Panel Chair



AFBCMR BC-2004-03588
INDEX CODE  110.01



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 honorably
discharged on 15 September 1967, but that he continued on active duty
until 17 September 1967, on which date he was honorably discharged.




      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency