RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-03431
								INDEX CODE:  136.01
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The date on her separation document be changed from 6 July 2002 to 30 August 2002, and that she be given two weeks’ pay.
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APPLICANT CONTENDS THAT:

She was advised by the Separations Branch at Eglin AFB to submit a request for a “Stop Loss” waiver.  The date requested on her waiver was the date she was eligible to separate.  She also requested and was approved terminal leave.  She was notified in the 1st week of June 2002 that her waiver had been approved.  She states that all necessary offices and her Commander agreed upon date of 30 August 2002, however she had read in a memo that the actual approval date was 22 May 2002.

In September of 2002, she realized that she had not received a final paycheck.  Upon receipt of her separation document she contacted SSgt    from the Separations Branch regarding correction of the date of separation, which she states should have been 30 August 2002 instead of 6 July 2002.  She followed up with SSgt 	 over the next few months; however he was reassigned to a new station, and no one at the office had knowledge of her case.  She was then provided with an application and instructions to correct her records.

In support of her request, the applicant has submitted copies of her separation documents.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 22 May 1989, the applicant was appointed a second lieutenant, Reserve of the Air Force (Nurse Corps), and was voluntarily ordered to extended active duty for a period of 36 months on 11 October 1989.  She was integrated into the Regular Air Force on 25 August 1997 and has been progressively promoted to the grade of captain, effective and with a date of rank of 1 August 1993.

The applicant’s records contain a DD Form 2648, Pre-separation Counseling Checklist, which the applicant signed on 19 March 2002, containing, among other things, an expected separation date “20020706.”  The applicant’s separation orders, issued on 19 June 2002, indicated that the applicant would be discharged effective 30 August 2002.

According to her separation document (DD Form 214), which she was unavailable to sign, the applicant was honorably discharged on    6 July 2002 under the provisions of AFI 36-3207 (Completion of Required Active Service).  She was credited with 12 years, 8 months and 26 days on active duty.  Her separation document further indicated no leave was sold at the time of discharge.  On 17 December 2002, an amendment to the applicant’s separation orders was issued changing the applicant’s discharge date to 6 July 2002.

Information provided by the Defense Accounting and Finance Service (DFAS) indicates that the applicant took two days of terminal leave for the period 5 July 2002 to 6 July 2002 and that she sold 50 days of unused accrued annual leave at the time of her separation.
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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial of the applicant’s request based on the documentation on file in the master personnel records and the military personnel data system.  DPPRS stated that, according to the Military Personnel Data System (MilPDS), the applicant’s Stop Loss waiver was approved on 22 May 2002 and her date of separation was established 6 July 2002.  There is no record on file showing a date of separation of 30 August 2002.  DPPRS indicates that the applicant has not submitted any new evidence identifying any errors or injustice occurred during her discharge processing (see Exhibit C).

DFAS-POCC/DE reviewed this application and noted the conflicting information concerning a discharge effective date in her records.  DFAS-POCC/DE recommended that further information be provided by the Separation Division and her last duty station (Exhibit D).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates her initial contentions in a statement dated 27 January 2004 at Exhibit F.
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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 reviewing the applicant’s submission, we believe that an injustice occurred when her initial date of separation (DOS) was amended.  The discharge order indicated the applicant had an established DOS of 30 August 2002; however, the separation document specified 6 July 2002 as her DOS.  The applicant contacted the separations branch regarding the discrepancy in her DOS date, and that office issued an amendment to the discharge order, correcting the separation date to 6 July 2002 instead of 30 August 2002.  Since no documentation or justification exists regarding how the initial DOS was established and changed to the earlier date, we are inclined to resolve any doubt in this matter in favor of the applicant.  We recommend that the records be corrected as 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 she was not discharged on 6 July 2002, but was continued on active duty until 30 August 2002, on which date she was honorably discharged.
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The following members of the Board considered this application in Executive Session on 22 April 2004, 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 1 Oct 2003, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRS, dated.10 Dec 03, 
		       with attachments.
	Exhibit D.  Letter, DFAS-POCC/DE, dated 30 Dec 03.
	Exhibit E.  Letter, SAF/MRBR, dated 16 Jan 04.

	

AFBCMR BC-2003-03431

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 she was not discharged on 6 July 2002, but was continued on active duty until 30 August 2002, on which date she was honorably discharged.