RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02037
		INDEX CODE:  136.01

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His retirement date be changed from 1 June 2003 to 1 August 2003 so that he would be allowed to sell back leave that he was not able to take prior to retirement.

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APPLICANT CONTENDS THAT:

He had submitted a request for an accelerated retirement date of 1 June 2003 but was not told that the new date had been approved until 10 June 2003.  Applicant contends that he was told by Retirements and Separations at his local Military Personnel Flight (MPF) that the accelerated effective date would not leave the applicant enough time to complete all retirement actions.  On 25 April 2003, applicant contends that he asked the MPF to cancel his request.  He was assured that it would be taken care of.  He called to check on the status of the cancellation on 28 April 2003 and was told that the accelerated request would not happen and that he would keep his original 1 August 2003 retirement effective date.  He contends that his request was handled by three different individuals due to deployment and Permanent Change of Station (PCS).  Consequently, when he began final out-processing on 10 June 2003, he was told that his request for accelerated retirement had been approved and that he had been officially retired as of 1 June 2003, 10 days earlier.  Applicant contends that this issue has put his family in serious financial difficulty, as he will now not be paid for June and July 2003 as he had expected to be.

In support of his appeal, the applicant has provided a personal statement, a copy of his April 2003 Leave and Earning Statement (LES), and copies of both retirement orders.

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

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STATEMENT OF FACTS:

The applicant, a retired Technical Sergeant (TSgt), served a total of 20 years, 5 months, and 14 days of Regular Active Duty before retiring.  Applicant applied for voluntary retirement on 11 February 2003, requesting an effective date of 1 August 2003.  His request for voluntary retirement, effective 1 August 2003, was approved on 25 February 2003 by Special Order AC-----.  On 10 April 2003, the applicant applied for an accelerated retirement in order to take advantage of a time-constrained offer of civilian employment.  He requested 1 June 2003 as his new retirement effective date.  The request for accelerated retirement was approved on 13 May 2003 by Special Order AC-0----.  

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AIR FORCE EVALUATION:

AFPC/DPPRRP reviewed this application and recommended denial.  DPPRRP states that after reviewing the applicant’s file, there is no documentation (e-mail, memo for record, etc.), which indicated he requested cancellation of his acceleration request.  DPPRRP also notes that the applicant applied for and took 25 days of terminal leave from 7 through 31 May 2003, an action that supports their contention that the applicant was fully aware that he would be retiring on 1 June 2003.  DPPRRP finds no evidence of error or injustice in the processing of the applicant’s retirement action.  Applicant has failed to provide any supporting documentation to show an error or injustice occurred.

AFPC/DPPRRP’s complete evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he was never given the opportunity to take terminal leave and that he did not do so.  He contends, and provides supporting documentation, that he worked the entire month of May 2003.  He contends that because he was retired on 1 June 2003, he was not able to take his terminal leave in June 2003 as he had planned.

Applicant’s rebuttal statement, with attachments, 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After carefully reviewing the evidence provided it appears as if the applicant was miscounselled or misrepresented as three people handled his retirement in the space of one month.  We find, at the very least, that the retirement was mismanaged.  Through no fault of his own, the applicant was retired two months prior to his original retirement date thereby preventing him from using his remaining leave.  Therefore, we recommend that the records be corrected as indicated below.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 retired on 1 June 2003 but continued on active duty in a terminal leave status until 31 July 2003 on which date he was relieved from active duty and retired for length of service effective 1 August 2003.

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The following members of the Board considered this application in Executive Session on 2 September 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 11 Jun 03, w/atchs. 
    Exhibit B.  Letter, AFPC/DPPRRP, dated 10 Jul 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jul 03.

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2003-02037

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 retired on 1 June 2003 but continued on active duty in a terminal leave status until 31 July 2003 on which date he was relieved from active duty and retired for length of service effective 1 August 2003.