RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01244
            INDEX CODE:  121.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Leave he was charged during the period  7  July  through  4  September
2002, be reinstated to his leave account.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 4 July 2002 while enroute on  Permanent  Change  of  Station  (PCS)
orders from Vandenburg AFB to Malstrom  AFB,  his  pregnant  wife  was
admitted to the hospital in Yakima Washington suffering from  placenta
previa.  His wife’s doctor advised him  that  they  not  travel  until
after a successful delivery.  His wife’s  due  date  was  9  September
2002.  He immediately contacted his gaining  unit  leadership  to  let
them know what was going on and was told to remain with his  wife,  as
his Report Not Later Than Date (RNLTD) was 15 July 2002.  He asked his
gaining unit to look into the possibility of placing him on some  type
of TDY.  On or about 15 July 2002, the applicant, while speaking  with
personnel from the Air Force Personnel Center (AFPC),  was  told  that
there was a provision in Air Force  Instructions  (AFI’s)  that  would
allow him to be placed in a TDY status called “non-medical attendant”.
 He informed his gaining unit of this development  and  also  faxed  a
letter from his wife’s doctor explaining her condition and  the  risks
associated with moving her to another facility.   Over  the  next  few
weeks the applicant spoke with his gaining unit leadership and offered
to come to Malstrom AFB to sign in and then return to Washington to be
with his wife.  He also inquired about the TDY status  issue  and  was
told that Malstrom medical personnel did  not  believe  his  situation
warranted non-medical attendant TDY status.  After weekly contact with
his gaining unit leadership he was told, in early September  2002,  to
report to Malstrom to in process and  that  he  could  return  to  his
family on permissive TDY.  He arrived at Malstrom AFB on  3  September
2002 and in processed.  On 11 September 2002, his  wife  underwent  an
emergency “C” section due to complications with the  baby.   His  wife
and  son  remained  hospitalized  until  20  September  2002  and  the
applicant was ordered to return to Malstrom AFB on 21 September  2002.
He returned, was taken off permissive TDY and placed on regular leave,
and  returned  to  Washington  to  be  with  his  family.    Applicant
understood that there was a request  for  an  additional  20  days  of
permissive TDY that was going to be  elevated  to  his  commander  for
approval that apparently never happened.  His wife  was  released  for
travel and they arrived at Malstrom AFB on 6 October 2002.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, copies of two letters of status  from  his  wife’s  doctor,
select copies of portions  of  AFI  65-103  and,  a  letter  from  his
commander requesting the Board grant relief.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a  2nd  Lieutenant  in  the  Regular  Air  Force,  left
Vandenburg AFB, CA for his next duty station, Malstrom AFB, MT,  on  1
July 2002.  His RNLTD was 15  July  2002.   Due  to  familial  medical
problems enroute, he was detained in Yakima, WA, and  did  not  report
for duty until 5 September 2002.  He was charged 62 days of  leave  in
excess of allowed travel time, Permissive TDY (PTDY) and proceed  time
for the period 1 July 2002 through 31 August 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM reviewed this application and recommended  partial  relief.
Based on the applicant’s Master Military Pay Account and his  personal
data Report on  Individual  Personnel  (RIP)  DPSFM  states  that  the
applicant was correctly charged leave  for  the  period  1  July  2002
through 31 August 2002.  DPSFM  addresses  the  applicant’s  statement
that he should have been placed in a  PTDY  status  as  a  non-medical
attendant as per AFI 36-3003, Table 7, Rule 8, by  agreeing  that  the
applicant’s commander could have authorized 10 days of PTDY  and  that
Rule 9 allows the  applicant’s  wing  commander  to  grant  up  to  20
additional days.  However, DPSFM refers to Rule  8  that  states  that
PTDY is not appropriate for rehabilitation  or  outpatient  treatment.
DPSFM contends  that  the  applicant’s  wife  was  released  from  the
hospital on 15 July 2002 to  stay  at  her  mother’s  home  until  she
delivered.  Consequently, the applicant  could  have  been  authorized
PTDY for the period that his wife was hospitalized: 4 through 15  July
2002.  He was contacted to provide documentation  from  his  unit  and
wing commander approving the PTDY request but was only able to produce
a letter from his unit commander supporting  applicant’s  request  for
PTDY.   Therefore,  DPSFM  recommends  partial  relief  in  that   the
applicant receive 10 days of leave added back to his account.

AFPC/DPSFM’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
18 July 2003 for review and comment within 30 days.  As of this  date,
no response has been received by this office.

_________________________________________________________________

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.  After careful consideration  of  the
information presented and in view of the seriousness of the  situation
that the applicant found himself in, we find, that in order to  offset
the possibility of an injustice that  the  applicant  not  be  charged
leave  for  the  period  7  July  2002  through  11  September   2002.
Therefore, in view of the applicant’s commander’s  statement  and  our
aim to prevent an injustice we recommend that the 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 60 days of leave  were
added to his leave account commencing 1 October 2003.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 September 2003, under the provisions of AFI 36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Mike Novel, Member
      Mr. James A. Wolffe, Member

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

    Exhibit A.  DD Form 149, dated 20 Mar 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPSFM, dated 11 Jul 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jul 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




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Office Of The Assistant Secretary





AFBCMR BC-2003-01244




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 60 days of
leave were added to his leave account commencing 1 October 2003.








     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency