RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00207
		INDEX CODE:  110.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

a.  His date of separation (DOS) from the Air Force be changed.

b.  He be entitled to receive separation pay.

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APPLICANT CONTENDS THAT:

He was not notified nor briefed that he was eligible to receive 20 days of permissive temporary duty (PDTY) that he was entitled to, in conjunction with his separation.  Changing his separation date would entitle him to receive separation pay that he did not receive because he was erroneously informed of the entitlement.  He was briefed during his out processing that he would be entitled to receive separation pay and his DD Fm 214 was annotated to reflect that he would receive separation pay in the amount of $5,595.51.  However, after he never received the payment he called to check on the status and was told that because he had not completed the required 6 years of service, he was not entitled to separation pay.  He also was informed that he was entitled to the 20 days of PTDY, but did not receive nor was briefed about them.

In support of his request, applicant provided a statement from his former commander, a personal statement, a copy of his DD Fm 214, and a memorandum from AFPC/DPPTF.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 10 Jan 96 and was progressively promoted to the grade of senior airman having assumed that grade effective and with a date of rank of 10 Jan 99.  

On 3 Dec 01, applicant was notified by his commander that he was recommending that he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, paragraph 5.65.  The specific reason for this action was his fourth unsatisfactory weigh-in and for failing to lose the weight or body fat required under the Weight Management Program.  He was advised of his rights in this matter and acknowledged receipt on that same date.  After consulting counsel, he waived his right to an administrative discharge board requested discharge with service characterized as honorable.  In a legal review of the discharge, the wing staff judge advocate found the case legally sufficient and recommended that he be discharged.  On 14 Dec 01, the discharge authority approved the recommendation and directed that he be discharged with an honorable discharge.  He was discharged from the Air Force on 19 Dec 01.  He served 5 years, 11 months, and 10 days on active duty.

Applicant's DD Form 214 indicates that he was entitled to separation pay.  However, since he did not serve the required 6 years, he was not authorized the separation pay.

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AIR FORCE EVALUATION:

AFPC/DPPT reviewed applicant's request and recommends denial.  DPPT states that transition related PTDY is not an entitlement; it is a benefit.  Commanders my approve all or part of the maximum 20 days authorized for personnel stationed in the continental United States (CONUS) if there will be no adverse mission impact and the PTDY will be appropriately used for legitimate relocation/employment-related activities.  It was verified that he received preseparation counseling on 5 Dec 01.  On his signed DD Fm 2648, Preseparation Counseling Checklist, he indicated that he desired additional counseling on PTDY.  The form is clearly marked to reflect a referral to the squadron commander and that it takes commander approval for PTDY.  There is no evidence to substantiate his claim that he was not properly counseled.  The applicant was asked to provide a copy of the IG case file in which he indicated that it was determined that he was entitled to those 20 days but was not briefed about them and did not receive them.  He failed to provide a copy of the IG case file.  The DPPT evaluation, with attachments, is at Exhibit C.

AFPC/DPPRS reviewed applicant's request, concurs with the DPPT, evaluation, and recommends denial.  The DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he understands that he can no longer take the PTDY that he had initially requested because the time period has expired.  However, he feels that he was cheated out of that time and is requesting that his separation date be changed to 10 Jan 01.  That date is the exact 6-year mark, which according to the IG's office is when he would be eligible for separation pay.  It was explained to him during his outprocessing that his active duty time plus his delayed enlistment time would make him eligible for separation pay.  When he was being briefed, the Transition Assistance Program (TAP) manager did talk about PDTY, but only for a moment, because it was told by his commander that because of the nature of his separation he was not permitted to take leave in conjunction with his separation, and that all of his leave had to be sold back.  Because of this, he was under the impression that PDTY was out of the question.  His complete submission is 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 error or injustice.  In regard to the applicant's contentions concerning PTDY for relocation and employment-related activities, we note the supporting statement from his commander, we believe that the applicant has been the victim of an injustice.  In this respect, the commander states that he would have approved up to 20 days PTDY had the applicant submitted a request.  Based on the evidence of record, it appears that the applicant was eligible for transition-related benefits and in view of the supporting statement from his commander; we recommend that his date of separation be changed from 19 December 2001 to 9 January 2002.  In view of this determination, applicant will have the required years of service to be eligible for separation pay; therefore, his record should be corrected to show he was eligible to 1/2 separation pay.

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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 from the Air Force on December 19, 2001, but was continued on active military service until January 9, 2001, on which date he was discharged from active duty with entitlement to 1/2 separation pay.

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The following members of the Board considered Docket Number 02-00207 in Executive Session on 18 Jul 02, under the provisions of AFI 36‑2603:

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

     Exhibit A.  DD Form 149, dated 14 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPT, dated 3 Apr 02.
     Exhibit D.  Letter, AFPC/DPPRS, sated 3 Apr 02.
     Exhibit E.  Letter, SAF/MRBR, dated 12 Apr 02.
     Exhibit F.  Letter, Applicant, dated 25 Apr 02

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AFBCMR 02-00207

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 discharged from the Air Force on December 19, 2001, but was continued on active duty until January 9, 2002, on which date he was discharged from active duty with entitlement to 1/2 separation pay.