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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