RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03792
		INDEX CODE:  110.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His discharge date of 28 February 1979 be changed to 15 March 1979.

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APPLICANT CONTENDS THAT:

Without being consulted, base personnel changed his discharge date to 28 February 1979.  When he protested they refused to make the correction.  He was recently informed that it was possible to correct this relatively minor mistake.  

The applicant provides no supporting documentation.  The applicant’s submission is attached at Exhibit A.

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STATEMENT OF FACTS:

On 28 February 1979, the applicant was relieved from active duty and transferred to the Retired Reserve effective 1 March 1979.  His assignment to the Retired Reserve Section was in the grade of senior master sergeant with a date of rank of 1 September 1978.  He was credited with 26 years, 5 months and 16 days of total active duty service for retirement and for basic pay.  

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. 

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommends the application be denied.  DPPRRP states that the applicant submitted a voluntary application for retirement requesting an effective date of separation of 28 February 1979, with retirement to be effective 1 March 1979.  Section 8301, Title 5, United States Code stipulates the effective date of all nondisability retirements as the first day of the month following the month in which retirement would otherwise be effective.  By law, he could not request a date of separation of 15 March 1979.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He recalls requesting via a formal military letter, a discharge date not earlier than 1 March 1979.  During his retirement interview, he was assured that his discharge date would be after 14 March 1979.  He has no evidence to prove what happened except the signed retirement waiver dated 8 December 1978, requesting he be retired not earlier than 1 March 1979.  

Applicant’s letter, with attachment, is at Exhibit D.

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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 to timely file.

3. Insufficient relevant evidence has been presented to demonstrate the existence of error.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that his release date from active duty of 28 February 1979 should be changed to 15 March 1979.  Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the evidence of record or the rationale provided by the Air Force.  Bound by Section 8301, Title 5, United States Code, it appears that responsible officials applied appropriate standards in effecting his release from active duty and his subsequent transfer to retirement effective 1 March 1979.  Therefore, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision, that the applicant has not been a victim of an error.  Therefore, we find no basis to recommend granting the relief sought.

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THE BOARD RECOMMENDS 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 this application AFBCMR Docket Number 02-03792 in Executive Session on 19 March 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Nov 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRRP, dated 20 Dec 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
   Exhibit E.  Letter, Applicant, dated 22 Jan 03.