RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03490
            INDEX CODE:  121.03
            COUNSEL:  NONE
            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His unused terminal leave be restored,  convalescent  leave  be  annotated
correctly, official retirement date be adjusted or an exception to  policy
be enacted so he may be financially compensated for his unused leave.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The accounting and finance office placed improper leave  codes  concerning
his terminal and convalescent leave in the data system and  they  did  not
seek proper guidance on how to administer his excess leave.  The  Military
Personnel Flight was not familiar with the procedures in administering his
excess leave beyond his retirement date.

In support of his appeal, applicant submits copies of  his  AF  Form  988,
Leave/Request Authorizations, a copy of his orders for convalescence,  and
two   supporting   letters.    Applicant's   complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 January 2003, the applicant submitted an application for retirement,
with an effective retirement date of 1 August 2003.  On 31 July 2003,  the
applicant was relieved from active duty and was retired in  the  grade  of
chief master  sergeant  (E-9)  effective  1 August  2003.   Applicant  was
credited with 31 years and 18 days of total active duty service for  basic
pay and 30 years, 11 months and 23 days active service for retirement.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSFM recommends partial relief.  DPSFM states that  AFI  36-3003,
Military Leave Program, specifies that the commander will not approve more
than 30 days’ initial convalescent leave.   Extending  convalescent  leave
beyond 30 days requires additional  medical  review  and  consent.   DPSFM
states that the applicant provided a copy of Part II of his AF  Form  988,
approving 85 days of convalescent leave from 21 May 2003 through 13 August
2003.  This leave form was not  coordinated  with  the  Medical  Treatment
Facility (MTF).  He also provided a copy of a  second  convalescent  leave
period for 85 days from 16 July 2003 through 10 October 2003.  This  leave
form was coordinated and signed by  the  MTF.   A  review  of  the  Master
Military Pay Account reflects neither of the  convalescent  leave  periods
was updated.  DPSFM states that the Master Military Pay Account should  be
corrected to reflect 29 days, the combined periods of convalescent  leave,
as lost leave after  the  applicant  retired.   Since  the  applicant  has
already been paid  for  60  days  of  leave,  DPSFM  recommends  that  his
retirement date be adjusted by 29 days, for the period of lost  leave.   A
complete copy of the AFPC/DPSFM evaluation is at Exhibit B.

AFPC/DPPRRP recommends the application be denied.  DPPRRP states that  the
applicant  had  elective  surgery  less  than  six  months  prior  to  his
retirement date and did not follow the correct procedures  for  requesting
the  elective  surgery.   In  accordance   with   AFI   36-3003,   defines
convalescent leave as “an authorized absence normally for the minimal time
essential  to  meet  the  medical  needs  for  recuperation.   It  is  not
chargeable leave.”  Because  the  applicant’s  elective  surgery  was  not
approved previous to his retirement, DPPRRP states that the applicant  was
not authorized to have elective surgery, nor have convalescent leave based
upon that surgery.  There is no  evidence  that  the  applicant  requested
cancellation of his approved 73-day terminal leave in order to  substitute
convalescent leave.  A complete copy of the AFPC/DPPRRP evaluation  is  at
Exhibit C.

The Chief Medical Standards Branch advises that the  podiatrist  sent  two
notes requesting 12 weeks of convalescence for each surgery which does not
necessarily mean that he be granted 12 weeks of convalescent  leave,  just
that  he  be  given  appropriate  consideration  for  his   post-operative
condition.  A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Prior to his first surgery, the applicant states he contacted his Military
Personnel Flight and asked what were the  procedures  for  having  surgery
while on terminal leave.  He was told if the surgery required convalescent
leave, his terminal leave  would  stop,  and  he  would  be  placed  in  a
convalescent status.   His  primary  care  manager  advised  him  that  he
normally approves 14 days in the beginning and after postoperative follow-
ups a determination would be made on any additional days.  The  Accounting
and Finance Office (AFO) assured him that the paperwork would get into the
system.  He advised the AFO that he was retiring and did  not  have  until
2006 to use his excess accumulation of leave  days.   At  his  final  out-
processing briefings and appointments, he was never advised that he had to
get additional approval  for  his  convalescent  leave.   The  applicant’s
letter is at Exhibit F.

_________________________________________________________________

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  to  warrant  partial  relief.   After
thoroughly reviewing the evidence submitted in support of his  appeal,  it
is our opinion that credible evidence has been provided to show  that  the
applicant acted in good faith by contacting his Military Personnel  Flight
prior to his  foot  surgeries  regarding  the  procedures  for  requesting
convalescent leave while in a terminal  leave  status.   However,  due  to
administrative errors beyond the  applicant’s  control,  his  convalescent
leave was improperly coded as ordinary leave.  Additionally, the  evidence
of  record  shows  that   the   applicant’s   commander,   who   was   the
approval/disapproval authority, incorrectly  authorized  the  convalescent
leave.  In view of the foregoing, we believe that relief is  warranted  in
this matter.  We have noted  that  AFPC/DPSFM  has  recommended  that  the
applicant’s retirement be adjusted by 29 days; however, it is our  opinion
that the most appropriate course of action is to award  the  applicant  84
days of leave.  By such action, we believe  that  the  applicant  will  be
afforded proper and fitting relief. The Board  notes,  however,  that  the
applicant has already sold the maximum 60 days of leave  allowed  by  law,
necessitating that we  compensate  him  by  other  means.   Therefore,  we
recommend that the applicant’s records be corrected as indicted below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that he was in a temporary duty  status
for a sufficient period of time beginning 10 February 2003  and  was  paid
total per diem in an amount equivalent to eighty-four (84) days of pay and
allowances.

_________________________________________________________________

The  following  members  of  the  Board  considered  this  application  in
Executive Session on 11 March 2004, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Renee M. Collier, Member
      Mr. Joseph D. Yount, Member

All members voted  to  grant  the  record  as  indicated.   The  following
documentary evidence was  considered  in  connection  with  AFBCMR  Docket
Number BC-2003-03490:

    Exhibit A.  DD Form 149, dated 15 Oct 03, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPSFM, undated, w/atchs.
    Exhibit C.  Letter, AFPC/DPPRRP, dated 17 Dec 03,
                w/atchs.
    Exhibit D.  Letter, Chief Medical Standards Branch,
                dated 15 Dec 03.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Jan 04.
    Exhibit F.  Letter, Applicant, dated 5 Feb 04.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair


AFBCMR BC-2003-03490




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 XXXXXXX, be corrected to show that he was in a temporary duty
status for a sufficient period of time beginning 10 February 2003 and was
paid total per diem in an amount equivalent to eighty-four (84) days of
pay and allowances.








 JOE G. LINEBERGER

 Director

 Air Force Review Boards Agency