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AF | BCMR | CY2003 | BC-2002-03240
Original file (BC-2002-03240.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03240
            INDEX CODE:  121.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement date be adjusted  by  60  days  and  his  retirement  pay  be
adjusted accordingly.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not allowed to take 60 days of terminal  leave  due  to  his  medical
discharge and was forced to sell the leave.  His complete submission  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted  in  the  Regular  Air  Force  on  19  Nov  81.   He  was
progressively promoted to the grade of master sergeant, having assumed  that
grade effective and with a date of rank of 1 Jan 00.  On 12 Jun 02,  he  was
permanently retired for disability reasons  with  a  20  percent  disability
rating.  He served 20 years, 6 months, and 23 days on active duty.

The applicant sold 60 days  of  leave  prior  to  his  retirement.   He  was
granted 20 days of permissive TDY from 26 Apr  02  through  15 May  02,  and
took 27 days of terminal leave from 16 May 02 through 11 Jun 02.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommends denial.  DPSFM states that he was required to sell  60
days leave due to his disability retirement.  AFI 36-3003  requires  members
to receive payment for up to 60 days accrued leave and affords them time  to
take any accrued  leave  in  excess  of  the  60-day  limit.   The  Physical
Disability Division determines  a  member’s  separation  date,  taking  into
account the leave balance and leave accruing in excess of the  60-day  leave
payment limitation.  He received a disability retirement  and  was  required
to sell 60 days of accrued leave and use any leave over the 60-day limit  as
terminal leave.  The DPSFM evaluation is at Exhibit C.

AFPC/DPPD  recommends  denial.   DPPD  states  that  individuals  undergoing
disability processing who have not sold 60 days of leave  after  10  Feb  76
during their military career must sell their accrued leave at separation  or
retirement.  The separation/retirement date is  established  by  adding  the
member’s accrued leave, the number of permissive TDY days authorized by  the
unit commander, and 20  days  processing  time  to  come  to  the  projected
separation/retirement date.  Members retiring or separating  for  disability
are authorized to use accrued leave that they cannot sell back as  a  result
of this process.  The excess leave is formulated in establishing  the  final
separation/retirement date to  include  any  days  accumulated  during  this
processing period.  A review of his disability case reveals that he did  not
face any personal hardship over and above that encountered by other  service
members being separated/retired for a disability.  The  DPPD  evaluation  is
at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  20
Dec 02 for review and comment within 30 days.  As of this date, this  office
has received no response.

_________________________________________________________________

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 error  or  injustice  that  would  warrant  adjustment  of  the
applicant's date of retirement.   Evidence  has  not  been  presented  which
would lead us to believe that the standards of Air  Force  policy  were  not
appropriately applied in this case or that he was treated  differently  than
others in similar circumstances.  Therefore, we agree with the opinions  and
recommendations of the Air  Force  offices  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.   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 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  Docket  Number  BC-2002-03240
in Executive Session on 9 Apr 03, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Martha Maust, Member
      Mr. Billy C. Baxter, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Apr 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 21 Nov 02, w/atchs.
    Exhibit D.  Letter, AFPC/DPPD, dated 4 Dec 02.
    Exhibit E.  Letter, SAF/MRBR, dated 20 Dec 02.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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