RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  00-02248
                 INDEX CODE:  121.00

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be compensated for 31 days of leave he lost upon retirement due  to
a medical condition.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not allowed to extend on active duty and was unable to  use  31
days of leave.  His medical condition was not diagnosed until 19 April
2000 and 1 May 2000.  He planned to use the leave  as  terminal  leave
before the medical diagnosis.

In support  of  his  appeal,  the  applicant  submits  copies  of  his
retirement orders, leave and earnings statement (LES),  leave  request
forms, and other documents associated with the issue under review.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18  May  1970.   He
was promoted to the grade of E-9, effective 1 November  1989.   On  10
May 1999, he applied for retirement to be effective 1 June  2000.   He
was subsequently relieved  from  active  duty  on  31  May  2000,  and
retired, effective 1 June 2000, in the grade of  E-9.   He  served  30
years and 13 days on active duty.

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

_________________________________________________________________

AIR FORCE EVALUATIONS:

The Medical Standards Branch, AFPC/DPAMM,  reviewed  this  application
and recommended approval, stating that their office was well aware  of
the application’s situation and previously recommended that he  pursue
this option.  A copy of the evaluation is at Exhibit C.

The Special Programs Section, AFPC/DPPRRP, reviewed  this  application
and recommended denial.  There are no provisions to extend an approved
retirement for the sole purpose to be paid for  accrued  leave  or  to
take  terminal  leave.   Additionally,   extending   the   applicant’s
retirement date by one month would include additional unserved  active
duty.  The Pre-application Checklist states a member  may  not  change
their retirement date solely to allow for terminal leave.

The applicant retired on the maximum high year of  tenure  (HYT)  date
authorized for E-9s.  There are no provisions of policy or  regulation
that allow an involuntary separation date to  be  extended  due  to  a
desire to take terminal leave after the  established  HYT  date.   The
only provisions by regulation that allow extensions to an  involuntary
separation date are for extreme hardship (not common to other retiring
members with documented justification) or for the  needs  of  the  Air
Force  (as  documented  and  justified  by  commanders).   There   are
regulatory provisions that allow extension of the maximum HYT date  by
placing members on medical hold.  A complete copy of  the  evaluation,
with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the applicant on
5 October 2000, for review and response within  30 days  (Exhibit  E).
The applicant presented a timeline and supporting documentation of his
efforts to extend his maximum HYT date or  to  be  placed  on  medical
hold.  His complete response, with attachments, is at Exhibit F.

_________________________________________________________________

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 injustice. After careful consideration of all of
the facts of this case, we believe  that  relief  is  warranted.   The
applicant has provided convincing evidence that his medical  condition
surfaced after he applied for retirement and we believe he  could  not
reasonably have foreseen the condition at the time he made  retirement
plans.  At the time he applied for  retirement  in  May  1999,  to  be
effective  1 June  2000,  his  medical  condition  had  not  yet  been
diagnosed.  It was not diagnosed until 1 May 2000.  On 3 May 2000,  he
underwent surgery and was in a convalescent status until 31 May  2000.
Therefore, he could not take the terminal leave he  planned  prior  to
his  mandatory  retirement  date.   However,  Title  37,  Section  501
precludes us from granting the applicant’s  stated  relief,  since  he
previously received payment for 60 days of leave, the maximum  allowed
by law.  We considered extending his mandatory retirement date for one
month under the provisions of AFI 36-3203, paragraph 2.21.1  (Requests
for Retirement Withdrawal or Extension of  Retirement  Date  Based  on
Hardship).  However, the retired pay  he  received  and  any  civilian
wages he may have earned during that period would  offset  the  dollar
amount of the 31 days of leave, thereby reducing the immediate “value”
of the relief.  More importantly, we did not believe 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 with 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  31 days.
Therefore, in an effort to afford the applicant full, yet fair, relief
for the loss of 31 days of leave, we 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 31 days of leave at his grade and rank.  This form
of correction would afford the applicant full  and  fair  compensation
without the adverse effect of either an offset or a windfall.  In view
of the above, we recommend that the applicant be  afforded  relief  by
correcting his record 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 a temporary
duty status at Hanscom AFB, MA, for 17.75  days  beginning  on  5  May
2000.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 November 2000, under the provisions of AFI 36-
2603:

                 Mr. Vaughn E. Schlunz, Panel Chair
                 Ms. Brenda L. Romine, Member
                 Mr. William E. Edwards, Member

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

     Exhibit A.  DD Form 149, dated 15 Aug 2000, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAMM, dated 25 Aug 2000.
     Exhibit D.  Letter, AFPC/DPPRRP, dated 19 Sep 2000, w/atchs.
     Exhibit E.  Letter, SAF/MIBR, dated 5 Oct 2000.
     Exhibit F.  Letter, Applicant, dated 27 Oct 2000, w/atchs.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair



AFBCMR 00-02248




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 he was in a
temporary duty status at Hanscom AFB, MA, for 17.75 days beginning
on 5 May 2000.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency