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AF | BCMR | CY2003 | BC-2003-00855
Original file (BC-2003-00855.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00885
            INDEX CODE:  121.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Four days of leave be added to her leave account.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During the period of 8 - 11 August 2001 she was at work  performing  duties.
She was instructed to take leave as reimbursement to  the  Air  Force  since
she went to the  Bahamas  during  four  days  of  convalescent  leave.   Her
commander felt that since she left her infant and took her oldest  daughter,
she was not on convalescent leave.  She was medically cleared to  leave  the
local area.  As a single parent, she received more rest  and  relaxation  in
the Bahamas than she did at home.  It was acceptable for her to drive  seven
hours to visit her family, which was harder on  her  body  than  a  two-hour
plane ride.  Postpartum convalescent leave can normally be taken  where  the
member wants as  long  as  the  medical  authority  or  attending  physician
determines the member can  depart  the  local  area  while  on  convalescent
leave.

In support of her request, applicant provided a copy of  her  AF  Form  988,
Leave Request/Authorization; an  email,  and  an  affidavit.   Her  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system reflects that  the  applicant,
a prior service enlisted member, was appointed a second lieutenant,  Reserve
of the Air Force, on 28 Jun 02  and  was  voluntarily  ordered  to  extended
active duty on that same date.

Her Master Military Pay Account (MMPA) reflects that she was  charged  leave
from 8 - 11 Aug 01.  The MMPA does not reflect that she was on  convalescent
leave from 11 Jun 01 through 21 Jul 01.

_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPSFM recommends denial.  DPSFM states that the applicant  provided  an
affidavit from an individual supporting her claim she  was  on  duty  during
the contested period.  However,  DPSFM  was  unable  to  determine  if  that
person  was  a  supervisor  or   coworker.    DPSFM   requested   additional
information from the applicant to explain why she signed an AF Form 988  for
leave she did not take, but she did  not  respond  to  their  request.   The
DPSFM evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27  Jun
03 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  It  appears  that  the  applicant  was  on
convalescent leave from 11 Jun 01 through 21 Jul 01.  While on  convalescent
leave, the applicant went to the Bahamas for four days.  Upon her return  to
duty, she was directed to prepare a leave slip for the period 8 - 11  August
by her commander because he believed  that  her  trip  to  the  Bahamas  was
unauthorized while in convalescent status.  Although the  proper  procedures
for leave travel outside the continental United States prescribed in AFI 36-
3003, paragraph 4.8.2. were not  properly  adhered  to,  because  the  leave
regulation is somewhat ambiguous regarding departure  from  the  local  area
while  on  convalescent  leave,  we  believe  reasonable  doubt   has   been
established as to whether or not it was appropriate  for  her  commander  to
direct her to prepare another leave form to account for her  travel  to  the
Bahamas.  Accordingly, it is our opinion that  any  doubt  in  this  matter,
should be resolved in favor of the applicant.  Therefore, we recommend  that
her 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 four days of annual leave were  added
to her leave account commencing 2 October 2002.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
00885 in Executive Session on 21 Aug 03, under the  provisions  of  AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Roscoe Hinton, Jr., Member
      Ms. Brenda L. Romine, Member

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

    Exhibit A.  DD Form 149, dated 6 Mar 03.
    Exhibit B.  Letter, AFPC/DPSFM, not dated.
    Exhibit C.  Letter, SAF/MRBR, dated 27 Jun 03.



                             RICHARD A. PETERSON
                                             Panel Chair

AFBCMR BC-2003-00885




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 APPLICANT, be corrected to show that four days of annual leave
were added to her leave account commencing 2 October 2002.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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