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AF | BCMR | CY2005 | BC-2005-00735
Original file (BC-2005-00735.doc) Auto-classification: Approved


                       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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