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AF | BCMR | CY2001 | 0102073
Original file (0102073.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02073
            INDEX NUMBER:  121.03

      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

Ten days of leave charged to her between graduation  from  a  technical
training course and her scheduled port call be restored.

_______________________________________________________________

APPLICANT CONTENDS THAT:

She was moved into a technical training class  that  started  one  week
earlier than the  one  for  which  she  was  originally  scheduled  and
graduated a week early.

She was unable to continue staying in the  Temporary  Lodging  Facility
due to a 45-day limit.

If she had move off base, the government would have had to pay her  per
diem.  She chose instead to go to her husband’s  residence  in  another
state.

AFI 36-2102, attachment 7,  states  that  “No  member  will  be  in  an
involuntary leave status for the convenience of the government.”

The applicant’s complete submission 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 Field Operations Branch, AFPC/DPSFM, evaluated this application and
recommends that the applicant’s request be denied.

The applicant was charged leave from 16-25 Feb 01 because she  departed
her duty station and went to her husband’s residence in another  state.
The reference to AFI 36-2102, Attachment 7  is  not  pertinent  to  her
situation since she is a regular officer on active duty.

AFI 36-3003, Military Leave Program, paragraphs 4.11.10,  Proceed  Time
and 4.11.11, Travel Time with En Route Leave, specifically states  that
Finance Service Officers will compute leave for authorized absences  in
excess of allowed proceed time and  will  also  charge  leave  for  any
authorized absence in excess of allowable travel time and proceed time,
if applicable.

The applicant does not indicate that she made any attempt to  have  her
port call date accelerated based upon her early  graduation,  nor  does
she indicate that she  requested  any  advice  from  the  commander  or
military personnel flight regarding her situation.   Instead,  she,  of
her own volition, made a conscious decision to leave her  duty  station
and travel to another state.  She  acknowledges  that  she  could  have
remained at her duty station and moved downtown  (with  full  Per  Diem
authorized).  Contrary to the applicant’s contention, she  was  charged
leave because she  departed  her  duty  station  as  a  convenience  to
herself, thus she was not forced into involuntary leave.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19
Oct 01 for review and comment within 30 days.  To date, a response  has
not been received.

_______________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by  existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate
the existence of probable error or injustice.  We took  notice  of  the
applicant's complete submission in judging  the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air  Force
office of primary responsibility and adopt their rationale as the basis
for our conclusion that the applicant has not been  the  victim  of  an
error or injustice.  Therefore, in  the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend granting the  relief
sought in this application.

_______________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did   not
demonstrate the existence of probable material error or injustice; that
the application was denied without a personal appearance; and that  the
application will only be reconsidered  upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_______________________________________________________________

The following members of  the  Board  considered  this  application  in
Executive Session on 28 November 2001, under the provisions of AFI  36-
2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. Michael K. Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jul 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPSFM, dated 11 Oct 01,
                W/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 19 Oct 01.




                                   TERRY A. YONKERS
                                   Panel Chair

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