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AF | BCMR | CY2003 | 0200414
Original file (0200414.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00414
            INDEX CODE:  121.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive compensation for pay  and  allowances  associated  with  33
leave days lost.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had an original retirement date of 1 February 2002; however, due to
Stop Loss he requested 1 April 2002 as his new  retirement  date.   He
was unable to exhaust his leave prior to his date of retirement.

In support of his appeal,  applicant  submits  a  personal  statement,
copies  of  a  prior  DD  Form  149,  email  communication   regarding
procedures for members denied terminal leave, AF Form  1160,  Military
Retirement Actions, personal data RIP and a voided check.  Applicant's
complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the  applicant’s  master  personnel  record
indicates that effective 1 April 2002, applicant retired in the  grade
of master sergeant with 21 years, 11 months  and  15  days  of  active
service for retirement and 22 years, 2 months and 3  days  of  service
for basic pay.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRP recommends the application be approved.  DPPRP states  that
the applicant intended to use the 33 days annual leave, but through no
fault of his own, was prevented from taking the leave due to denial of
terminal leave by his commander.    The  AFPC/DPPRP  evaluation,  with
attachments, is at Exhibit C.

AFPC/DPSFM recommends the application be approved.  DPSFM states  that
the applicant previously sold 60 days leave and  was  denied  terminal
leave by the unit commander due to unit manning and the events  of  9-
11.  The DPSFM evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15  November  2002,  copies  of  the  Air  Force  evaluations  were
forwarded to the applicant for information purposes.

_________________________________________________________________

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 an injustice to warrant relief.   The  applicant  has
provided convincing evidence that he  intended  to  use  the  33  days
annual leave but through no fault  of  his  own,  was  prevented  from
taking  the  leave.   Therefore,  we  agree  with  the  opinions   and
recommendations of the Air Force office’s  of  primary  responsibility
and adopt their rationale as the basis for  our  conclusion  that  the
applicant has been the victim of an injustice.  However, extending the
applicant’s retirement date would credit him  with  increased  retired
pay for the rest of his life--the  total  of  which  could  ultimately
exceed the monetary value of the  lost  33  days.   Therefore,  in  an
effort to afford the applicant full, yet fair relief for the  loss  of
33 days of  leave,  we  resorted  to  a  “creative”  form  of  records
correction.   Pursuant  to  our  request,  the  Defense  and   Finance
Accounting Service computes the amount of money  the  applicant  would
receive for a fictitious temporary duty equating to the  dollar  value
of 33 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 for thirty-three (33) days beginning  1 January  2002  and
was paid total per diem the equivalent of thirty-three  (33)  days  of
basic pay.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 March 2003, under the provisions  of  AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Vice Chair
                  Mr. James W. Russell, III, Member
              Mrs. Carolyn J. Watkins-Taylor, Member

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

   Exhibit A.  DD Form 149, dated 30 Jun 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRRP, dated 6 Nov 02.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 02.





                                   THOMAS S. MARKIEWICZ
                                   Vice Chair







AFBCMR 02-00414
INDEX CODE:  121.03



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 xxxxxxxxxxx, be corrected to show  that  he  was  in
temporary duty status for thirty-three (33) days beginning  1  January
2002 and was paid total per diem the equivalent of  thirty-three  (33)
days of basic pay.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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