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AF | BCMR | CY2003 | BC-2002-03907
Original file (BC-2002-03907.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03907
            INDEX NUMBER:  121.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The five days of leave charged for the period 12 through 16 Nov 02  be
restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He advised his recruiter before his EAD orders were cut that he  could
not report before 18 Nov 02 due to his  having  to  get  current  ACLS
certification, which he needed to practice as an Air Force physician.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a physician serving on active duty in  the  grade  of
major.  He was ordered to extended active duty (EAD) via Special Order
AH-----, dated 5 Nov 02, with an EAD date of 8 Nov 02.  The  applicant
was given four travel days and  had  a  report  not  later  than  date
(RNLTD) of not later than 2400 hours  on  11 Nov  02.   The  applicant
reported for duty on 17 Nov 02.  The applicant was charged  five  days
of leave from 12-16 Nov 02.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF2 recommends denial of the applicant’s request.

Applicant’s EAD order was published  on  5  Nov  02  and  provided  to
applicant by mail.  The EAD order indicated that the applicant was  to
report not later than 11 Nov 02.  Applicant  contacted  his  recruiter
rather than the office that published the orders to  request  a  later
reporting date.  There  is  no  statement  that  shows  the  recruiter
concurred with the  applicant’s  request.   The  EAD  order  specifies
contacting AFPC/DPAMF for any issues prior to departing.  In addition,
a fact  sheet  was  provided  to  applicant  with  instructions  under
reporting data  that  indicates,  “Always  follow  these  instructions
closely as  they  can  affect  pay  and  entitlements.”   The  Medical
Accessions Program Manager was  not  contacted  by  the  applicant  or
recruiter regarding the request.

The complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by stating that it appears his appeal has been
misunderstood.  He told his recruiter before his  orders  were  issued
that he would be attending ACLS certification on 13 Nov 02  and  would
not be able to report to Lackland Air Force Base  before  17  Nov  02.
His message was somehow not relayed.  He now knows that he should have
reported and had the Air Force pay for  his  ACLS  certification.   He
would not have been able to work  since  his  ALCS  certification  had
expired.  He is only asking not to be  charged  leave  since  he  told
those that needed to know that he could not make it before 17 Nov 02.

The applicant’s complete response, with attachment, is at Exhibit E.

Pursuant to the Board’s request, the applicant provided information on
when he reported for active duty and how much leave  he  was  charged.
Applicant did not have a copy of his travel voucher,  but  provided  a
copy of his travel voucher summary.

The applicant’s complete submission, with attachments, is  at  Exhibit
G.

_________________________________________________________________

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 finds it  reasonable  that
the applicant may have contacted his recruiter rather  than  following
the instructions provided to him with his EAD orders.   We  also  note
that the applicant delayed his reporting to receive training necessary
to perform his duties as an Air Force  physician.   Although  we  have
determined that the applicant  could  have  waited  and  received  the
training after he reported  for  active  duty,  it  appears  that  his
actions were motivated by a desire to report for  duty  with  all  the
necessary  credentials.   As  such,  after  reviewing   the   complete
circumstances of his case, we  believe  that  charging  the  applicant
leave could be perceived as an  injustice.   Therefore,  we  recommend
that the applicant’s records be corrected 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 during the  period  12
through 16 November 2002, he was in a duty status rather than ordinary
leave status.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2002-
03907 in Executive Session on 21 May 2003, under the provisions of AFI
36-2603:

      Mr. Thomas J. Topolski, Panel Chair
      Ms. Marilyn Thomas, Member
      Ms. Ann-Cecile McDermott, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Dec 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPAMF2, dated 23 Jan 03.
     Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.
     Exhibit E.  Letter, Applicant, undated, w/atchs.
     Exhibit F.  Letter, AFBCMR, dated 22 Apr 03.
     Exhibit G.  Letter, Applicant, undated, w/atchs.




                                   THOMAS J. TOPOLSKI
                                   Panel Chair


AFBCMR BC-2002-03907


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, XXX-XX-XXXX, be corrected to show that
during the period 12 through 16 November 2002, he was in a duty status
rather than ordinary leave status.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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