RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01099
		INDEX CODE:  110.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His date of separation (DOS) be changed from 19 Mar 01 to 19 Apr 01.

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APPLICANT CONTENDS THAT:

He requested, per AF Form 31 (Airman’s Request for Early Separation/Separation Based on Change in Service Obligation), to separate early with 19 Mar 01 being his last work day and 19 Apr 01 being his DOS.  He questioned the 19 Mar 01 DOS on the AF Form 31 and the airman from Separations and Retirements stated that would not reflect on his DD Form 214 (Certificate of Release or Discharge From Active Duty).  During his final outprocessing, a member from finance assigned a leave number to him when the computer showed his DOS as 19 Mar 01 when the leave form showed 19 Apr 01.  The 305th MSS/CC also signed the leave form.  Also during his outprocessing, both airmen from Separations and Retirements were aware of his leave ending 19 Apr 01.  They questioned who pen and ink changed the form and he told the airmen that finance had changed it to reflect the 29 days of leave he had available instead of the 30 days.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) was 8 Aug 90.

On 22 Feb 01, the applicant signed an AF Form 31 requesting to be separated on 19 Mar 01.

On 1 Mar 01, he was issued an AF Form 100 (Request and Authorization for Separation) with a separation effective date of 19 Mar 01.

AF Form 988 (Leave Request/Authorization) provided by the applicant reflects that on 7 Mar 01, he requested 30 days of leave from 19 Mar 01 to 19 Apr 01, with a DOS of 19 Apr 01.  However, the form reflects pen and ink changes that show that the 30 days was changed to 29 days of leave and the leave dates were changed from 19 Mar 01 to 22 Mar 01 through 19 Apr 01.

On 19 Mar 01, the applicant was discharged under the provisions of AFI 36‑3208 (Miscellaneous/General Reasons) with an honorable characterization of service in the grade of staff sergeant.  He was credited with 11 years, 7 months, and 11 days of active service.

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AIR FORCE EVALUATION:

The Noncommissioned Officer-In-Charge (NCOIC), Separation Procedures Section, AFPC/DPPRS, reviewed this application and indicated that although the applicant states his DOS should have been 19 Apr 01, the separation documents in his file show he requested a separation date of 19 Mar 01.  The DD Form 214 was subsequently issued with a separation date of 19 Mar 01.

On 30 Apr 01, DPPRS contacted the references listed by the applicant to confirm the basis of his request.  Per telephone conversation with the Superintendent, Separations and Retirements, the applicant did not contact her section until several days after his DOS had expired.  According to the NCOIC, Separations and Retirements, the applicant specifically requested a DOS of 19 Mar 01.  The separation clerk who processed the applicant’s request also provided a memo documenting what took place.  The applicant’s commander, in his letter dated 30 Apr 01, stated the applicant “went through the proper procedures of separating with 19 Mar 01 in mind as his last work day and with 30 days of leave available, 19 Apr 01 as his date of separation.”  Unfortunately, this information conflicts with the separation request signed by the applicant and the commander.  As noted earlier, on 22 Feb 01, the applicant requested to separate on 19 Mar 01 and received his commander’s endorsement.  DPPRS also notes that on 9 Mar 01, the commander approved the applicant’s request to take terminal leave from 19 Mar 01 to 19 Apr 01.  They agree that there is conflicting information between the applicant’s separation request and his leave form.  However, as the office of primary responsibility for separation documents, their recommendation is made in light of the separation documents submitted by the applicant and endorsed by his commander.  Based on the separation documents on file, they find no error in the DOS documented on the applicant’s DD Form 214.  As a result, they recommend applicant’s records remain the same and his request be denied.

A complete copy of the Air Force evaluation, with attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and responded to the memorandums referenced by the Air Force.  In reference to the memorandum from the Superintendent, Separations and Retirements, he did state to the Superintendent during their telephone conversation on 3 Apr 01 that he had brought to the airman’s attention his concern with the DOS listed on two different occasions.  The first time was when the AF Form 31 had been approved and she had him sign some papers and the second time was at his final out processing appointment.  If, in fact, his DOS was to be 19 Mar 01, there were a lot of loose strings left undone.  He never filled out a leave sell back form or turned in his identification (ID) cards which normally should be done at his final out processing.  Somewhere, somebody knew his plans but no one seems to want to face their mistakes.  In reference to the memorandum from the NCOIC, Separations & Retirements, stated in her remarks, “I did not catch this error…,” as the NCOIC of Separations, her responsibility was to assure that official military records were correct.  If someone had filled out a Leave Request form for dates after the proposed DOS, doesn’t that pose for attention?  In reference to the memorandum from Separations and Retirements, stated in her remarks also, “After reviewing his DD Form 214 I realized that I had made a mistake.”  Again, assigned to Separations, it is their responsibility to catch mistakes and fix them before the member is “unavailable to sign.”  Also, on 16 Mar 01, at the final out processing appointment, he specifically asked about the DOS listed.  The airman said, “This will all be corrected on the official DD Form 214 after we receive your medical records” (which were held back for copying).  Assuming that the airman knew her job and what needed to be done and that he had terminal leave approved for 22 Mar 01 through 19 Apr 01, he signed the forms necessary to complete his out processing.  This has been a stress on his family.  Not only did they lose over $1,000 pay that they were counting on to ease their transition into civilian life, but also they lost a month of medical coverage that they had planned on.  It is clear that his intentions were to be on terminal leave for a month, still receiving his military benefits while he settled into the civilian workforce.  He was under a lot of stress when he filled out the AF Form 31, trying to take care of military issues along with getting his family ready for civilian life in a one-month time period.  He also stated that his intentions were to be separated on 19 Apr 01 with his last duty day on 19 Mar 01.  He apologizes for the misunderstanding when he filed the AF Form 31; however, he does not believe that he should be on the losing end of the battle.  The people at Separations at McGuire AFB clearly did not do their job in assisting him with his separation and assuring that all records were correct.  Had this mistake been caught at their level, it could have been fixed before it became a problem and before he left the area.

Applicant’s complete response is attached at Exhibit E.

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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 probable error or injustice.  While the separation documents in the applicant’s file indicate he requested a separation date of 19 Mar 01, we note conflicting information between his separation request and his leave form.  While we agree the separation documents reflect he requested a separation date of 19 Mar 01, we note the statement from the applicant’s commander who confirmed what the applicant’s intentions were upon separating from active duty and that applicant’s actual separation day should have been 19 Apr 01.  While the applicant has requested his DOS be changed to 19 Apr 01, he only had 27 days of accrued leave at the time of separation and would only have accrued two additional days had he been placed on terminal leave instead of being discharged.  Therefore, we recommend his records be corrected to the extent indicated below.

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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 discharged effective 19 Mar 01, but continued on active duty in a terminal leave status until 16 Apr 01, on which date he was honorably discharged from active duty under the provisions of AFI 36‑3208 and issued an Honorable Discharge Certificate.

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The following members of the Board considered this application in Executive Session on 23 August 2001, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
              Member

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

     Exhibit A.  DD Form 149, dated 17 Apr 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 7 May 01, w/atchs.
     Exhibit D.  Letter, AFBCMR, dated 15 Jun 01.
     Exhibit E.  Letter fr applicant, undated.

                                   
                                   Panel Chair

AFBCMR 01-01099

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 XXXXX, be corrected to show that he was not discharged effective 19 March 2001, but continued on active duty in a terminal leave status until 16 April 2001, on which date he was honorably discharged from active duty under the provisions of AFI 36‑3208 and issued an Honorable Discharge Certificate.

                                     				
                                     				Director
                                     				Air Force Review Boards Agency