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AF | BCMR | CY1998 | 9702864
Original file (9702864.pdf) Auto-classification: Approved
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-02864 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

A%  1 4  1998 

APPLICANT REQUESTS THAT: 
His  records  be  corrected  to  reflect  that  he  was  authorized 
45 days of Permissive Temporary Duty  (PTDY), and that 45  days of 
leave be restored to his current leave account. 

APPLICANT CONTENDS THAT: 
He  should  have  been  allowed  PTDY  for  his  daughter's 
hospitalization for the period 1 2   Jan 96 through 26 Feb 96. 
In  order  to  help  the  Board  understand  his  situation,  he  is 
providing his version of the chain-of-events.  He does not have 
documentation to support his  claims because  the whole  situation 
was handled telephonically. 
In  support  of  his  appeal,  the  applicant  provided  medical 
documentation pertaining to his baby daughter. 
Applicant's  complete submission is at Exhibit A. 

STATEMENT OF FACTS: 
Information  extracted  from  the  Personnel  Data  System  (PDS) 
indicates that the applicant is currently serving on active duty 
in the grade of airman first class. 
The relevant facts pertaining  to this application are contained 
in  the  letter  prepared  by  the  appropriate  office  of  the  Air 
Force.  Accordingly, there is no need  to recite these  facts in 
this Record of Proceedings. 

AIR FORCE EVALUATION: 
The  Commander's  Programs  Branch,  AFPC/DPSFC,  reviewed  this 
application and recommended partial relief.  DPSFC noted that the 
applicant's  leave history  showed  63 days  of  charged  leave  from 

23 Dec  95  to  23  Feb  96 
The  applicant  was  on  leave  between 
Force  Base  (AFB)  and  his 
technical  school  at  -Air 
a s s i gnmen t t o 
Base  (AB) when his daughter was born on 
11 Jan 96.  H 
developed serious medical problems and 
remained  in  the  hospital  until  4  Feb  96.  Because  Aviano  AB 
medical  facilities were  inadequate f o r   his daughter's  follow-on 
medical treatments, the applicant applied, and received approval, 
r  the  Exceptional  Family  Member  Program 
for  reass 
The EFMP  humanitarian reassignment office 
(EFMP) to 
shows  it  receive 
e  EFMP  application,  dated  22 Jan 96,  on 
6 Feb 96,  with  a  close-out  date  of  13  Feb  96.  According  to 
DPSFC, Air Force assignment and leave policy state that the time 
between  submitting  the  request  for  reassignment  and  the  AFPC 
approval  authority  response  is  cha 
The  system 
eave. 
showed  the  applicant  arrived  at 
AFB  on  or  about 
26 Feb 96.  In this case, DPFSC state 
ey support granting 
partial  relief for the time the applicant's daughter was in the 
hospital.  Air Force policy authorizes PTDY during a dependent's 
hospitalization at a medical treatment facility distant from the 
member's  duty  location.  Therefore,  DPFSC  recommended that  the 
applicant's  record be  corrected to show that he was on PTDY for 
the period  11 Jan 96 to 4 Feb  96, and that 25  days of leave be 
restored to his current leave account. 
A complete copy of the DPSFC evaluation is at Exhibit B. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
A copy of the Air Force evaluation was forwarded to applicant on 
9 Feb 98 for review and response.  As of this date, no response 
has been received by this office  (Exhibit C). 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2.  The application was timely filed. 
3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice.  We 
noted  that  the  applicant  was  charged  leave  from  23  Dec  95  to 
23 Feb  96.  We  further  noted  that  his  daughter  was  born  on 
11 Jan 96  and  remained  hospitalized  until  4  Feb  96. 
After 
reviewing  the  available  evidence,  we  agree  with  the 
recommendation by the Air Force office of primary responsibility 
(OPR) that the applicant's  records should be corrected to reflect 
he  was  authorized  PTDY  for  the  period  of  his  daughter's  birth 
until her release from the hospital, and that 25 days of leave be 
added to his leave account.  While we  find no evidence t h a t   the 

2 

AFBCMR 97-02864 

in  the  interest  of  justice. 

applicant  was  charged  any  additional  leave  contrary  to  the 
prevailing  regulation, we  are persuaded  that  further relief is 
In  this 
warranted  in  this  case, 
respect, we noted that the applicant's  daughter developed serious 
medical problems after her birth.  In view of the gravity of his 
daughter's  condition,  she  undoubtedly  required  a  period  of 
recuperation  even  after  her  release  from  the  hospital. 
Furthermore, probable  limitations of the applicant's  wife  after 
giving birth necessitated the applicant's  help and support in the 
we  recommend that 
care of his daughter. 
the  applicant's  records  be  corrected  to  reflect  that  he  was 
authorized PTDY for the period  11 Jan 96 to 23-Feb 96, and that 
44 days of annual  leave be added to his  current  leave account. 
In  our  view,  this  affords  the  applicant  proper  and  fitting 
relief, and removes the possibility of any injustice. 

In view  of the above, 

THE BOARD RECOMMENDS THAT: 
The pertinent military records of the Department of the Air Force 
relating  to  APPLICANT,  be  corrected  to  show  that  during  the 
period  11 Jan  96 to 23 Feb 96, he was authorized and placed  in 
permissive  temporary  duty  (PTDY) status,  rather  than  charged 
annual  leave;  and,  44  days  of  annual  leave  were  added  to  his 
current leave account. 

The following members of the Board considered this application in 
Executive Session on 28 May  98, under the provisions of AFI  36- 
2603: 

Mr. Wayne R. Gracie, Panel Chair 
Ms. Rita S. Looney, Member 
Ms. Ann L. Heidig, Member 

All members  voted  to  correct the  records, as recommended. 
following documentary evidence was considered: 

The 

Exhibit A. 
Exhibit B. 
Exhibit C. 
Exhibit D. 

DD Form 149, dated 22 Sep 97, w/atchs. 
Applicant's Master Personnel Records. 
Letter, AFPC/DPSFC, dated 22 Jan 98. 
Letter, SAF/MIBR, dated 9 Feb 98. 

WAYNE R. GRACIE 
Panel Chair 

3 

AFBCMR 97-02864 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AF'BCMR 97-02864 

BUG 1 4  1998 

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: 

records of the Department of the Air Force relating t 
e corrected to show that during the period 11 Jan 96 
annual leave; and, 44 days of annual leave were added to his current leave account. 

aced in permissive temporary duty (PTDY) status, rather than charged 

@@ Director 

Air Force Review Boards Agency 



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