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AF | BCMR | CY2000 | 0000692
Original file (0000692.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  00-00692
                                        INDEX CODE 121.02
      XXXXXXXXXX                        COUNSEL: No

      XXXXXXXXXX                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

Thirty 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:

On 29 Feb 00, the applicant received payment for 60 days of leave, the
maximum authorized under Title 37, Section 501.   He  retired  in  the
grade of lieutenant colonel for length of service on 1 Mar 00 with  28
years and 28 days of active service.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in  the  official
documents at Exhibit A and in the letters prepared by the  appropriate
offices of the Air Force at Exhibit C.  Accordingly, there is no  need
to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Field Operations Branch, HQ AFPC/DPSFM, reviewed the appeal
and provided  his  rationale  for  recommending  approval.  The  Chief
deferred  to  HQ  AFPC/DPPRR  regarding   changing   the   applicant’s
retirement date to 1 Apr 00.

A complete copy of the evaluation is at Exhibit C.

The Special Programs Section, HQ AFPC/DPPRRP, also evaluated the  case
and recommended against  extending  the  applicant’s  retirement  date
because there are no provisions of law that permit extending a Regular
officer’s mandatory retirement date, other than specific  reasons/laws
listed in the evaluation.

A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the evaluations were forwarded to the applicant  on
19 May 00 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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  relief.  The
Dean of the Faculty supported restoring 30 days of leave  because  the
organizational leave policy and a  short  notice  deployment  did  not
allow the applicant to use the leave. We  agree.  However,  since  the
applicant received payment for 60 days of leave, we are  precluded  by
Title 37, Section  501,  from  granting  the  applicant’s  request  as
stated. We considered extending his mandatory retirement date for  one
month under the provisions of Title 10, United  States  Code,  Section
637.  However, the retired pay he received and any civilian  wages  he
may have earned during that period would offset the dollar  amount  of
the 30 days of leave, thereby reducing the immediate  “value”  of  the
relief given.  More importantly, we did not feel this remedy to be  in
the best fiscal interests of the Air Force.  In this regard, extending
the applicant’s retirement date by one month would credit him for time
not served and would essentially result in  a  windfall  of  increased
retired pay for the  rest  of  his  life--the  total  of  which  could
ultimately exceed the monetary value of the lost 30 days.   Therefore,
in an effort to afford the applicant full, yet fair,  relief  for  the
loss of 30 days of leave we have resorted  to  a  “creative”  form  of
records correction.  Pursuant to our request, the Defense Finance  and
Accounting  Service  (DFAS-DE)  computed  the  amount  of  money   the
applicant would receive for a fictitious temporary  duty  equating  to
the dollar value of 30 days’ leave at his grade and rank. This form of
correction would afford  the  applicant  full  and  fair  compensation
without the adverse effect of either offset or windfall.  In  view  of
the above, we recommend the applicant be afforded relief by correcting
his records as 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 he was  in  temporary
duty status at Hanscom AFB, MA, for 19.5 days beginning on 1  February
2000.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 October 2000, under the provisions of AFI  36-
2603:

                  Mr. Vaughn E. Schlunz, Panel Chair
                  Ms. Brenda L. Romine, Member
                  Mr. Roger E. Willmeth, Member

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

   Exhibit A.  DD Form 149, dated 29 Feb 00, w/atchs
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 30 Mar 00.
   Exhibit D.  Letter, HQ AFPC/DPPRRP, dated 10 May 00, w/atchs.
   Exhibit E.  Letter, SAF/MIBR, dated 19 May 00.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair



AFBCMR 00-00692




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 XXXXXXXXX, be corrected to show that he was in
temporary duty status at Hanscom AFB, MA, for 19.5 days beginning on 1
February 2000.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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