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AF | BCMR | CY1998 | 9802076
Original file (9802076.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                 DOCKET NUMBER:  98-02076
                                  INDEX CODE: 121.03
                                  COUNSEL: No

                                  HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

Forty-two days of leave be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 29 December  1997.  He  is  currently
serving in the Regular Air Force in the grade of airman first class.

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.   Accordingly,
there is no need to recite these facts in this Record of  Proceedings.


_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Commanders’ Programs  Branch,  HQ  AFPC/DPSFC,  states  the
applicant believes he was unjustly charged leave for time spent during
the medical clearance process and for time spent awaiting diversion of
his assignment. The author finds that finance correctly charged  leave
for time spent awaiting medical  clearance  and  assignment  diversion
because he was clearly in a leave  en  route  status  since  departing
Sheppard AFB, TX. The author can only support restoring 12 days of non-
chargeable leave authorized under the Recruiter Assistance Program.

A complete copy of the Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 21
September 1998 for review and comment within  30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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  probable  error  or  injustice  to  warrant  partial
relief. According to  the  Air  Force,  the  applicant  was  correctly
charged leave for time spent awaiting medical clearance and assignment
diversion because he was in a leave en route  status  since  departing
Sheppard AFB. However, after carefully considering the  chronology  of
events in this case, we believe the  Air  Force’s  processing  of  the
medical clearance and subsequent  assignment  diversion  was  somewhat
protracted. Consequently, we are not convinced the applicant should be
“docked”  for  the  entire  length  of  time.   Furthermore,  he   was
authorized 12 days non-chargeable leave under the Recruiter Assistance
Program.  We conclude that a  more  equitable  solution  would  be  to
restore a total of 26 days of leave to the applicant’s  current  leave
account and this we so recommend.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that 26 days of leave were
added to his current leave account.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 November 1998, under the provisions of AFI 36-
2603:

                  Mr. Henry C. Saunders, Panel Chair
                  Dr. Gerald B. Kauvar, Member
                  Mr. Henry Romo Jr., Member

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

   Exhibit A.  DD Form 149, dated 17 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFC, dated 9 Sep 98.
   Exhibit D.  Letter, AFBCMR, dated 21 Sep 98.




                                   HENRY C. SAUNDERS
                                   Panel Chair



AFBCMR 98-02076




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                , be corrected to show that 26 days
of leave were added to his current leave account.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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