RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00735
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 3 SEP 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her active duty discharge date on her DD Form 214, Certificate of
Release or Discharge from Active Duty, dated 15 Aug 01, be extended
30 days in order that she may be relieved of an invalid debt the
Defense Finance and Accounting Service (DFAS) claim she owes.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The enlistment that she entered on 16 Apr 97 for a period of four
years was extended for 30 days (one month) on 13 Jul 01 and
approved by her commander.
In support of her appeal, applicant submitted a personal statement;
a copy of DD Form 214, dated 15 Aug 01; a response letter from
DFAS, dated 14 Dec 04; copy of extension of enlistment dated
13 Jul 01, and Account Statement, dated 14 Feb 05.
Applicant’s complete exhibit, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 16 Apr 97 for a
period of four years in the rank of airman basic (E-1/AB).
On 20 Oct 98, she extended her enlistment for a period of
three months to qualify for an In Place Consecutive Overseas Tour
(IPCOT) assignment, giving her a new date of separation (DOS) of
15 Jul 01.
On 25 Oct 00, applicant contracted her second extension for
twelve months for the purpose of qualifying for a PCS assignment
with a new DOS of 15 Jul 02.
On 20 Dec 00, she contracted her third extension, extending
her enlistment for five months to qualify for an overseas
assignment, giving her a new DOS of 15 Dec 02.
On 15 Aug 01, applicant was honorably released from active duty and
transferred to the Air Force Reserve under the provisions of AFI 36-
3208, with a reason for separation of “completion of required
active service.” She was credited with 4 years and 4 months of
active duty service.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAE reviewed this application and recommended denial,
stating in part, according to the extension in her unit personnel
record group (UPRG), applicant’s DOS was out to Dec 02 and she was
obligated to serve that entire time. Recoupment action on the
applicant was based on the original DOS. The applicant supplied an
extension document that was signed on 13 Jul 01, however, the
document was not completed IAW AFI 36-2606, figure 1, para, 1 which
states document must be typed (unless otherwise specified) nor was
the form indorsed by the military personnel flight (MPF). Due to
those two factors, they were unable to determine if the extension
contract the applicant submitted was a valid contract or if it was
updated by the MPF.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPRS reviewed this application and indicated that there
was no documentation on file in the master personnel records
indicating applicant submitted a voluntary application to be
separated from active duty. They were unable to determine the
propriety of the separation based on the lack of documentation in
the master personnel records.
A complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
By letter dated 18 May 05, applicant submitted additional documents
to further explain the basis for correcting her date of separation.
Applicant’s complete response, with attachments, is at Exhibit F.
___________________________________________________________________
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. We considered the applicant’s
stated request; however, the Board noted that the Air Force was
unable to determine the validity of the extension contract or the
propriety of the separation. Nevertheless, the record reflects the
applicant separated on 15 August 2001, and we do not believe that
her separation date should be disturbed. The applicant was
credited and paid for all of her service, and as a result of the
undetermined circumstances surrounding her separation, it appears
that DFAS miscalculated her final separation pay resulting in an
indebtedness of $913. 75. For this reason, we believe that any
doubt should be resolved in the applicant’s favor and that some
form of relief is warranted. In view of the totality of the
circumstances of this case, we believe that the applicant will be
afforded proper and fitting relief by remitting the debt she
incurred as a result of her separation. Accordingly, we recommend
the applicant’s records be corrected as indicated below.
4. We considered her request to be extended on active duty for 30
days; however, this relief would provide her with a windfall and
additional service for which she did not serve. Therefore, we
recommend denial of her request for additional service time.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 14 Aug 01, she
applied for a remission of her indebtedness, incurred as a result
of a miscalculation in her final separation pay, and her request
was approved by competent authority.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2005-00735 in Executive Session on 30 August 2005, under the
provisions of AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Patrick C. Daugherty, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 4 Apr 05.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 11 Apr 05.
Exhibit E. Letter, SAF/MRBR, dated 6 May 05.
Exhibit F. Letter, Applicant, dated 18 May 05.
B. J. WHITE-OLSON
Panel Chair
AFBCMR BC-2005-00735
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 XXXXXXX, XXXXXXX, be corrected to show that on 14
Aug 01, she applied for a remission of her indebtedness, incurred
as a result of a miscalculation in her final separation pay, and
her request was approved by competent authority.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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