RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-03250
                 INDEX NUMBER:  121.00
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband’s records be corrected to show he is entitled  to  receive
reimbursement for 12 days of unused leave lost on 9 September 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 21 November 2001, her husband  was  involved  in  a  serious  motor
vehicle accident that caused severe brain injury.  Due to the required
medical treatment and care, he has been unable to use his leave  since
the accident.  He was medically retired on  9 September  2002  in  the
grade of captain  with  compensable  percentage  of  100  percent  for
physical disability.  At the time of his retirement he had  a  balance
of  12  days  of  use/lose  leave  for  which  he  did   not   receive
compensation.

In support of her request, the applicant provides  copies  of  letters
from physicians,  a  copy  of  her  husband’s  retirement  order  with
amendment and a copy  of  the  power  of  attorney.   The  applicant's
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Records reflect that the applicant’s spouse was relieved  from  active
duty effective 9 August 2002 and placed on  the  Temporary  Disability
Retired  List  in  the  retired  pay  grade   of   captain   effective
10 September 2002.  Applicant was credited with 9 years, 3 months  and
8 days of total active duty service for basic pay and  active  service
for retirement.  Records maintained  by  the  Department  of  Veterans
Affairs indicate the former member was declared incompetent.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are  contained  in  the  letter
prepared by the appropriate offices of the Air Force at Exhibit C & D.


_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommends the application be granted.  DPSFM  states  that
the former member’s Master Military Pay Account  indicates  he  had  a
leave balance of 70.5 days when he retired.  He was paid for  60  days
of leave on 9 September 2002; therefore losing 10.5 days of  leave  at
retirement.  The AFPC/DPSFM evaluation is at Exhibit C.

AFPC/DPPD recommends the application  be  denied.   DPPD  states  that
disability processing records show that the former member was released
from active duty  after  being  found  unfit  for  continued  military
service and placed on the TDRL under the provisions  of  AFI  36-3212.
DPPD reviewed the recommendation from DPSFM and believes that not  all
facts were considered when DPSFM based their  decision.   On  25  July
2002, DPPD obtained information from the former member’s unit that  he
had accrued 64.5 days as of 30 June 2002 and had not taken  any  leave
since 1 July 2002.  It was also established that he had not  sold  any
leave back at that  time.   Based  on  this  information,  a  date  of
separation of 9 September  2002  was  established  on  9  August  2002
utilizing the “Disability Retirement Date Calculator.”  The calculator
considered the  applicant’s  accrued  projected  leave  up  until  the
established retirement date, when establishing his date of separation.
 Based on these calculations, DPPD believes that the applicant was not
denied any accrued leave through 9 September 2002,  the  time  of  his
placement on the TDRL.  DPPD states that no error occurred during  his
disability processing through the DES that would justify a  change  to
his military records to reflect he was denied payment of  his  accrued
leave through 9  September  2002.   The  AFPC/DPPD  evaluation  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 April 2003, copies of the Air Force evaluations were forwarded to
the applicant for review and response.  As of this date,  this  office
has not received a 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  to  warrant   approval   for
compensation for 12 days of unused leave.  After a thorough review  of
the  evidence  of  record  and  applicant’s  submission,  we  are  not
persuaded that the applicant’s spouse has been the victim of either an
error or injustice.  Her contentions were duly noted; however,  we  do
not  find  these  assertions,  in  and  by  themselves,   sufficiently
persuasive to override the rationale provided by AFPC/DPPD.   We  have
noted the disparity between the advisories provided by AFPC/DPSFM  and
AFPC/DPPD; however, we believe  AFPC/DPPD  correctly  established  his
date of separation with the aid  of  the  Disability  Retirement  Date
Calculator.  In addition, the Disability  Retirement  Date  Calculator
correctly  projected  the  accrued  leave  up  until  the  established
retirement date.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we agree with the  recommendation  of  AFPC/DPPD  and  adopt
their rationale as the basis for our  decision  that  the  applicant’s
spouse has not suffered either an error or an  injustice.   Therefore,
we find no basis upon which to  recommend  favorable  action  on  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable 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  this  application  in
Executive Session on 28 May 2003, under the provisions of AFI 36-2603:

                  Ms. Patricia D. Vestal, Panel Chair
                  Ms. Martha Maust, Member
                  Mr. James W. Russell, III, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Oct 02, w/atchs.
   Exhibit B.  Applicant’s Military Personnel Record.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 19 Feb 03 w/atchs.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 27 Mar 03 w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 4 Apr 03.




                                   PATRICIA D. VESTAL
                                   Panel Chair