RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01128
		INDEX CODE:  110.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His separation date be changed from 1 Nov 89 to 12 Dec 89.

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APPLICANT CONTENDS THAT:

He served four full years in the Air Force at Edwards AFB.  His enlistment was from 13 Dec 85 through 12 Dec 89.  At the end of his enlistment, he took 40 days terminal leave starting on 1 Nov 89.  The personnel office counted his terminal leave against his time in service.  Although he was on terminal leave, he was still on active duty until 12 Dec 89.

In support of his appeal, the applicant provided a copy of a letter of recommendation.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 Dec 85 for a period of four years.

An AF Form 31, Airman's Request for Early Separation/Separation Based on Change in Service Obligation, indicates that on 11 Jul 89, the applicant requested that he be separated from active duty on 1 Nov 89.  His request was approved on 18 Jul 89. 

Applicant was honorably discharged on 1 Nov 89 under the provisions of AFR 39-10 (Miscellaneous Reasons).  He was credited with 7 years, 10 months, and 18 days of total active service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial noting that the applicant separated 1 month and 12 days prior to his expiration term of service (ETS).  Any leave, whether regular or terminal, must be taken prior to a date of separation (DOS).  According to AFPC/DPPRS, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the separation was within the discretion of the discharge authority.  In their view, the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 9 May 03 for review and response.  As of this date, no response has been received by this office (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 or injustice warranting any corrective action.  The evidence of record indicates that the applicant requested and was approved for an early separation from active duty, effective 1 Nov 89, which was prior to his ETS.  He contends that he took 40 days of terminal starting on that date.  However, we note that terminal leave would have had to have been taken prior to his DOS of 1 Nov 89.  Furthermore, no evidence has been presented which would lead us to believe that the applicant's early separation from active duty was other than voluntary.  In view of the foregoing, and in the absence of evidence of the contrary, we conclude that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, the 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 BC-2003-01128 in Executive Session on 22 Jul 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Mar 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 2 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 9 May 03.

                                   
                                   Panel Chair