RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02481
		INDEX CODE:  100.00
	APPLICANT	COUNSEL:  NONE

	SSN	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His  Expiration  Term  of Service  (ETS)  date be  changed  from 1 September 1961 to 3 September 1961.

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APPLICANT CONTENDS THAT:

There was an error in calculating his release date.  He was only credited for 3 years, 11 months and 29 days of service.  He was discharged on a Friday and should have received credit for Saturday and Sunday.  He believes he should have been credited with a total of 4 years of service.

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

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STATEMENT OF FACTS:

The applicant  entered Regular Air Force  as an airman  basic on 3 September 1957 for a period of four years.  While serving in the   grade  of  airman  second  class,  he  was  discharged  on 1 September 1961 under the provisions of AFR 39-14, Separation of Airman, paragraph 3n (when normal expiration of term of service (ETS) falls on a non-workday).  He received an honorable discharge.  He served 3 years, 11 months and 29 days of active service.

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 based on the applicant's DD Form 214, he was released in accordance with AFR 39-14, paragraph 3n, which states, "Separation when normal ETS separation date falls on a non-workday may request separation on the last workday prior to the weekend or a holiday."  "If a member does not request separation on the last workday prior to the weekend or holiday, he will be separated on his normal ETS date."  The applicant's separation designator code and the reason for separation on his DD Form 214 reference the above regulation and paragraph, which indicates the applicant probably, requested to be separated 2-days prior to his ETS.  DPPRS believes the applicant was counseled on separating prior to his normal ETS and informed that he would not be given credit for four full years of service.  Members cannot be given credit for time not served.  

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 B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he was not counseled on separating prior to his ETS.  The personnel officials have no way to know if he was counseled.  A military personnel separation employee told him that the office was not manned over the weekend and in order to process his paperwork and finances he would be released on Friday.  The personnel office chose to separate him on Friday for their convenience.  He did not request to be separated 2 days prior to his ETS.  When he enlisted in the Air Force he took an oath to serve his country for the length of his enlistment, he enlisted for 4 years not 3 years, 11 months and 29 days (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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting changing the applicant’s Expiration Term of Service Date (ETS).  The applicant states the personnel officer informed him that the office was not manned on the weekend and in order to properly process his paperwork that he would have to separate that day (Friday).  Since the applicant enlisted for a period of four years and in the absence of evidence concerning whether or not he was provided counseling, we believe any doubt in this matter should be resolved in the favor of the applicant.  In view of the foregoing, 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 honorably discharged on 3 September 1961, rather than 1 September 1961.

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The following members of the Board considered AFBCMR Docket Number 02-02481 in Executive Session on 12 December 2002 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 2 Aug 02, w/atchs.
   Exhibit B.  Fire Related Documents.
   Exhibit C.  Letter, AFPC/DPPRS, dated 1 Nov 02.
   Exhibit D.  Letters, SAF/MRBR dated 8 Nov 02.
   Exhibit E.  Applicant’s Response.

				

AFBCMR 02-02481
INDEX CODE:  100.00

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction for 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, SSN, be corrected to show that he was not honorably discharged on 1 September 1961, but that he continued on active duty until 3 September 1961, on which date he was honorably discharged.