RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02605
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be credited with nine (9) days leave he was charged from 31 July through
8 August 1998.
_________________________________________________________________
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 is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 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, AFPC/DPSFC, reviewed the
application and states that Air Force policy allows gaining commanders to
approve permissive temporary duty (PTDY) for house hunting purposes under
one of two conditions: The first condition is government housing is not
available within 30 days. The second condition is members have statement
of intent that says they plan to occupy non-government quarters. Further,
approval is after members sign in at the new station. The applicant states
he pursued housing arrangements from 5 August 1998 to 11 August 1998 and
found on-base housing on 11 August 1998. They state in this case, they
cannot support granting relief because PTDY is appropriate only when
members pursue off-base housing due to unavailability of base housing or
member intents to occupy non-government housing. Therefore, they recommend
denial of applicant’s request since he found on-base housing on 11 August
1998.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 October 1998, a complete copy of the Air Force evaluation was
forwarded to the applicant for review and response 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. After reviewing the evidence of
record, we are persuaded that the applicant should not have been charged
leave for the period 5 August 1998 to 11 August 1998. In this
respect, it appears the applicant was pursuing housing arrangements during
this period and should not have been charged leave. Therefore, we
recommend that seven (7) days of leave be added to his current leave
balance. Applicant’s request to have 9 days of leave be restored was
considered; however, since he was only pursuing housing arrangements during
the period 5 August 1998 to 11 August, we do not believe that any
additional leave should be added to his account. Therefore, we recommend
the applicant's records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that seven (7) days of leave be added to
his current leave account.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 10 February 1999, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Walter J. Hosey, Member
Mr. Richard A. Peterson, Member
Ms. Phyllis L. Spence, Examiner (without vote)
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Sep 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSFC, dated 8 Oct 98.
Exhibit D. Letter, AFBCMR, dated 19 Oct 98.
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 98-02605
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 seven (7) days
of leave were added to his current leave account.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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