RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01855
		INDEX CODE:  100.00
	APPLICANT	COUNSEL:  NONE

	SSN	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Date of Separation (DOS) be changed to 11 July 1950 to reflect he completed his 3-year enlistment.

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APPLICANT CONTENDS THAT:

He believes his records should reflect his DOS as July 11, 1950, which would include his accrued paid leave and therefore completion of his 3-year enlistment.  This change would make him eligible to submit a claim for his Chronic Obstructive Pulmonary Disease (COPD) or future claims.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered Regular Air Force on 11 July 1947 for a period of three years.  While serving in the grade of private first class, he was discharged on 18 May 1950 under the provisions of AFR 39-14 (Convenience of the Government) with an honorable discharge.  He served 2 years, 10 months and 3 days of active service.  His DD Form 214 reflects he was compensated for 58 days of accrued leave.

Applicant's military personnel records were destroyed by the 1973 fire at the National Personnel Records Center; therefore, only limited information is available for review.  The relevant facts pertaining to this application, extracted from the applicant's available military records, are contained in the letter prepared by the appropriate office of the Air Force.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that, based on the applicant's DD Form 214, he was discharged prior to his Expiration of Term of Service (ETS) for the convenience of the Government and was compensated for 58 days of accrued leave.  In a written statement provided by the applicant he requested to be discharged before his ETS.  

Service members are not given credit for time not served on active duty.  Service members are allowed to sell back up to 60 days of accrued leave to the government and all leave must be completed prior to the established DOS.  Commanders are the approval authority for all leave. 

AFPC/DPPRS further states the applicant did not provide any new evidence or identify any errors or injustices that occurred in the processing of his discharge.  They believe the applicant's discharge was consistent with the procedural and substantive requirements of the discharge regulation; and the discharge was within the sound discretion of the discharge authority.  DPPRS recommends denying the requested relief.  

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states in 1950 he put in for his discharge thinking that his leave time accrued would be included in his time served.  It did not happen that way and he was content until a few years ago.  He is unable to work and was hoping the discharge date can be changed to include his leave time (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 not timely filed; however, it is in the interest of justice to excuse the failure of timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Based on the limited documentation in the applicant's records, it appears that the discharge was within the discretion of the discharge authority and the applicant was compensated for his accrued leave and he was separated prior to his ETS at his own request. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number 02-01855 in Executive Session on 11 March 2003, 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 30 May 02, w/atchs.
   Exhibit B.  Available Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 16 Oct 02.
   Exhibit D.  Letters, SAF/MRBR dated 18 Oct 02.
   Exhibit E.  Applicant’s Response, dated 23 Oct 02.

				
				Panel Chair