RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02090
INDEX NUMBER: 121.00
XXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
___________________________________________________________________
APPLICANT REQUESTS THAT:
She be paid for eight days of leave she lost when called back to
duty while on permissive temporary duty (PTDY) and terminal leave.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The legal office at Lackland Air Force Base called her back to duty
to testify at a courts-martial on two occasions while she was on
PTDY and terminal leave resulting in her losing eight days of
leave.
In support of her appeal, applicant submitted a copy of an
Inspector General (IG) complaint she filed, a copy of the IG
response, and copies of her leave forms.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this case are found in the
evaluation prepared by the appropriate office of the Air Force
found at Exhibits C and D.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSFM recommends that the applicant be granted partial relief.
They recommend she be compensated for five days of leave vice
eight. When the applicant was recalled during the period 22-24 May
01, she was on PTDY and did not lose any leave. The second recall
during the period 25-29 Jul 01, she was on terminal leave and lost
five days.
The complete evaluation is at Exhibit C.
AFPC/DPPRRP also recommends that the applicant be compensated for
five days of leave. They provide two options for correcting the
applicant’s records. One option is to compensate the applicant for
the five days and the other would be to change the effective date
of her retirement from 1 Aug 01 to 1 Sep 01. [Examiner’s note: If
the Board elects the option of changing the applicant’s retirement
effective date, it would result in an additional month of service
being credited to the applicant and permanently change her
retirement pay. In similar types of cases, the Board has placed
the individual in a TDY status for an appropriate period of time to
offset the lost leave.]
The complete evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 Oct 02 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. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. The Board agrees with the
recommendations of the Air Force offices of primary responsibility
to provide the applicant with partial relief by restoring five days
of leave instead of eight. The evidence of record clearly shows
that the applicant only lost five days of leave and that she was on
Permissive TDY for the other three days. Since the applicant was
recalled to duty while being charged leave, she is entitled to be
compensated for the lost leave. However, she is only entitled to
her normal military pay while in a Permissive TDY status. The
Board also notes that the applicant has already sold the maximum 60
days of leave allowed by law, necessitating that we compensate her
by other means. Therefore, we recommend that the applicant’s
records be corrected as indicted below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that she was in a
temporary duty status for five days beginning 1 May 2001 and was
paid total per diem the equivalent of five days of basic pay.
___________________________________________________________________
The following members of the Board considered Docket Number 02-
01954 in Executive Session on 23 January 2003, under the provisions
of AFI 36-2603:
Ms. Cathlynn Sparks, Panel Chair
Mr. John E. B. Smith, Member
Mr. Joseph A. Roj, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jun 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSFM, dated 4 Sep 02.
Exhibit D. Memorandum, AFPC/DPPRRP, dated 3 Oct 02.
Exhibit E. Letter, SAF/MIBR, dated 11 Oct 02.
CATHLYNN SPARKS
Panel Chair
AFBCMR 02-02090
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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show that
she was in a temporary duty status for five days beginning 1 May
2001 and was paid total per diem the equivalent of five days of
basic pay.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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