RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03646
            INDEX CODE:  121.03
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement date be changed to 1 December 2002 vice  1  October  2002  so
that he may be paid for the additional 60 days of  terminal  leave  he  lost
upon retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In the after-math of the September 11th terrorist attack on the World  Trade
Center and the Pentagon, he was designated the  Joint  Force  Air  Component
Commander for the Continental United States for Operation  Noble  Eagle  and
responsible for  establishing  and  maintaining  the  enhanced  air  defense
posture  for  the  United  States.   Due  to  very   restrictive   rules-of-
engagement, he could take very little leave and when his change  of  command
was set for 1 August 2002, he found out that  he  would  have  100  days  of
leave and 20 days of permissive TDY for a total of  120  days.   That  would
have extended his tour of duty until 1 December  2002.   In  retrospect,  he
should have requested a 1 December 2002 retirement date.

Although he was aware that he had sold over 60 days of leave over the  years
when terminating his several tours of  active  duty,  he  was  also  vaguely
aware that there was a “prior to” date that would allow an individual to  be
paid for leave even if that person had been paid previously.  Prior  to  him
requesting a retirement date, he checked with the Air Force General  Officer
Management Office to see if he could sell back  leave.   He  was  told  that
there was a “before date” (date not given) so that even if  you  sold  leave
before that date, you could sell leave again.   He  was  also  told  that  a
records search had been conducted and he was authorized to sell back the  60
days of leave.  Based on this information, he asked for  a  retirement  date
of 1 October 2002.  He made a mistake based on  advice  that  was  incorrect
and requests that the Board correct his record  and  change  his  retirement
date to 1 December 2002 with payment  of  60  additional  days  of  terminal
leave.

In support of his appeal, applicant submits a leave and earnings  statement,
copies of Special  Order  AA-441,  retirement  order  and  a  DD  Form  214.
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 October 2002, applicant retired in the  grade  of
major general with 25 years, 1 month and  21  days  of  active  service  for
retirement and 37 years, 10 months and 21 days of service for basic pay.

_________________________________________________________________

AIR FORCE EVALUATION:

AFSLMO recommends the application be  approved.   AFSLMO  states  that  they
provided the applicant  an  erroneous  estimated  pay  adjustment  worksheet
based on information provided by DFAS.  AFSLMO believes that  the  Chief  of
Staff would have approved a 1 December 2002 retirement  date,  allowing  the
applicant to take all of his remaining leave.

The AFSLMO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 December 2002, a copy of the Air Force  evaluation  was  forwarded  to
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 error or  injustice  to  warrant  relief.   The  applicant  has
provided convincing evidence that his decision to retire on 1  October  2002
vice 1 December  2002,  was  based  on  the  information  he  received  from
responsible officials.  Had he received accurate information  regarding  the
selling of his leave,  we  believe  he  would  have  made  a  more  informed
decision regarding his retirement date.  However, extending the  applicant’s
retirement date by two months 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 60 days.  Therefore, in an effort to  afford  the
applicant full, yet fair relief for  the  loss  of  60  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 60 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 sixty (60) days beginning 1 July 2002 and was paid total  per  diem  the
equivalent of sixty (60) 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 11 Nov 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFSLMO, dated 2 Dec 02.
   Exhibit D.  Letter, SAF/MRBR, dated 12 Dec 02.





                                   THOMAS S. MARKIEWICZ
                                   Vice Chair



AFBCMR 02-03646
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 xxxxxxxxxx, be corrected to show that he was in  temporary  duty
status for sixty (60) days beginning 1 July 2002  and  was  paid  total  per
diem the equivalent of sixty (60) days of basic pay.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency