RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01328
            INDEX CODES:  121.02, 131.09

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to reflect she was promoted to the  grade  of
staff sergeant (SSgt) effective 1 Mar 99; and, she  receive  back  pay
from 1 Mar 99 until the date her name  was  placed  on  the  Temporary
Disability Retired List (TDRL).

She be compensated for 59 days of lost annual leave.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She earned her promotion to SSgt and should not be  penalized  because
she became medically incapacitated.  It was through no  fault  of  her
own that she was unable to  attend  Airman  Leadership  School  (ALS),
attendance at which would have allowed her to assume the rank of SSgt.

She was on extensive convalescent leave and  was  unable  to  use  her
annual leave, an entitlement which she earned.

In support of her appeal, the applicant provided an expanded statement
and extracts from her military personnel and medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 Mar 93.

On 10 Aug 99, a Medical  Evaluation  Board  (MEB)  was  conducted  and
rendered   diagnoses   of   chronic   idiopathic   pancreatitis   with
gastroparesis,  reflux  and  persistent  abdominal  pain,   pancreatic
insufficiency,  and  diarrhea.   Status  post  endoscopic   retrograde
cholangio-pancreatogram  (ERCP)  Apr  97  and  Sep  97;   laparoscopic
cholecysstectomy Jul 97; whipple procedure  and  subtotal  gastrectomy
Jan 98; ileocecectomy and Thal femdoplication Nov 98; and intermittent
total parenteral nutrition (TPN) Sep 97-present.  The MEB  recommended
the applicant’s case be referred to an  Informal  Physical  Evaluation
Board (IPEB).

On 18 Aug 99, an IPEB  convened  and  rendered  diagnoses  of  chronic
idiopathic pancreatitis with gastroparesis with  secondary  pancreatic
insufficiency, and abdominal pain and diarrhea,  status  post  whipple
procedure.  The IPEB found the applicant was unfit because of physical
disability; the  disability  was  incurred  while  the  applicant  was
entitled to receive basic pay; the disability was incurred in the line
of duty; the disability was ratable under VA Diagnostic Code 7347-7308
at 40 percent; and, the  disability  might  be  permanent.   The  IPEB
recommended temporary retirement.

On 26 Aug 99, the applicant agreed with the findings  and  recommended
disposition of the IPEB.

Applicant was relieved from active duty on 17 Nov 99 and her name  was
placed on the TDRL, effective 18 Nov 99, in the grade  of  SSgt.   She
was credited with six years, eight months, and three  days  of  active
service.

On 12 Mar 01, a reevaluation IPEB was convened and rendered  diagnoses
of chronic idiopathic pancreatitis with  gastroparesis  and  secondary
pancreatic insufficiency, and abdominal pain and diarrhea, status post
whipple procedure, status post Roux-en-Y procedure.   The  IPEB  found
the applicant was unfit because of physical disability; the disability
was incurred while the applicant was entitled to  receive  basic  pay;
the disability was incurred in the line of duty;  the  disability  was
ratable under VA Diagnostic Code 7347-7308 at  60  percent;  and,  the
disability was permanent.  The IPEB recommended permanent  retirement.


On 4 Apr 01, the Secretary of the Air Force directed  the  applicant’s
name be  removed  from  the  TDRL  and  she  be  permanently  retired,
effective 24 Apr 01, in the grade of SSgt under the provisions  of  10
USC 1201, with a compensable disability rating of 60 percent.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFOC recommended relief be granted noting  the  applicant  lost
20.5 days of leave at the end of Fiscal Year 1999 (FY99).  She carried
forward 60 days of leave on 1 Oct 99, earned four  days  of  leave  in
FY99 and used five days.  She was paid for 59 days of leave on  7  Dec
99.

AFPC/DPSFOC indicated  that  at  the  time  her  retirement  date  was
established, the 20.5 days of annual leave she lost was not taken into
account because the leave had not been restored.  She was on extensive
convalescent leave, with the last recorded convalescent leave  from  1
Sep  99  to  30  Sep  99.   Had  the  applicant  not  been  placed  on
convalescent leave, she may have been able to use the  20.5  days  she
lost at the end of FY99.   According  to  AFPC/DPSFOC,  the  applicant
should be paid for an additional day of leave, and her retirement date
should be adjusted for the 19.5 days plus 1.5  days  that  would  have
accrued over the 19-day period for a total of 21 days.

A complete copy of the AFPC/DPSFOC evaluation, with attachment, is  at
Exhibit C.

AFPC/DPPD recommended denial indicating a review of the  preponderance
of evidence  made  available  in  the  disability  processing  records
determined the applicant was treated fairly throughout the  disability
evaluation system (DES) process, and  she  was  properly  rated  under
Federal disability guidelines as required by military laws and  policy
in effect at the time of her medical retirement.  A  review  of  their
procedures in establishing her separation date and  placement  of  her
name on the TDRL appears appropriate, and it does not appear  she  was
denied any payment for loss of leave days since her active duty period
was  appropriately  extended  by  using   Retirement/Separation   Date
Calculator in establishing these dates.  It was determined  her  grade
on her separation document was correct in that she was a senior airman
(SrA) at the time of her release from active  duty.   Following  their
assessment, they found no rationale or justification why the applicant
should have any leave restored and her records should be corrected  to
reflect her active duty rank as staff sergeant.

A complete copy of the AFPC/DPPD evaluation, with  attachment,  is  at
Exhibit D.

AFPC/DPPPWB recommended relief be granted concerning the change to the
applicant’s rank.  AFPC/DPPPWB noted the applicant  was  selected  for
promotion to SSgt during cycle 98E5, with an effective date of rank of
1 Mar 99.

AFPC/DPPPWB  indicated  that  in   accordance   with   the   governing
instruction, airmen selected for promotion to SSgt must  complete  in-
residence professional military education (PME)  before  assuming  the
grade.   The  Personnel  Data  System  (PDS)  automatically  withholds
promotion for those who do not complete appropriate PME prior  to  the
effective date.  Had the applicant been  found  fit  and  returned  to
active duty,  her  rank  would  have  been  SrA,  with  her  projected
promotion to SSgt placed on hold pending completion of ALS.  According
to AFPC/DPPPWB, there was nothing in the applicant’s  records  stating
why she did not attend ALS prior to having  her  name  placed  on  the
TDRL.  However, they must assume the reason was  due  to  her  medical
condition.

A complete copy of the AFPC/DPPPWB evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  6
Aug 04 for review and response.  As of this date, no response has been
received by this office (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.

      a.  Regarding the applicant’s request  she  be  compensated  for
59 days of lost annual leave, it appears she was paid for 59  days  of
annual leave at the time of her medical retirement; therefore, this is
a moot issue.  However, it appears she lost 20.5 days of annual  leave
at the end of FY99 because she was on extensive convalescent leave and
was unable to use her earned leave.  After a thorough  review  of  the
available evidence, we are persuaded the applicant’s loss of the  20.5
days of leave was due to circumstances beyond her control and not  her
failure to properly management her leave.   Notwithstanding  this,  we
are not inclined to adjust the applicant’s retirement date  to  afford
her relief.  We believe proper and fitting relief in this  case  would
be to  compensate  her  for  the  20.5  days  of  lost  annual  leave.
Accordingly, we recommend the  applicant’s  records  be  corrected  to
extent set forth below.

      b.  We have carefully reviewed the applicant’s request that  her
records be corrected to reflect she was promoted to the grade of  SSgt
effective 1 Mar 99.  We agree with the recommendation  of  AFPC/DPPPWB
that the applicant be promoted to SSgt and adopt  their  rationale  as
the basis for our decision the applicant has been the victim of either
an error or an injustice.  Accordingly, we recommend  the  applicant’s
records be corrected as set forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  She was in a temporary duty status for a  sufficient  number
of days and was paid total per diem in an amount  equivalent  to  20.5
days of basic pay.

      b.  She was promoted to the grade of  staff  sergeant  effective
and with a date of rank of 1 Mar 99.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-01328 in Executive Session on 6 Oct 04, under the  provisions  of
AFI 36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. Albert C. Ellett, Member

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

     Exhibit A.  DD Form 149, dated 20 Apr 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSFOC, dated 14 Jun 04, w/atch.
     Exhibit D.  Letter, AFPC/DPPD, dated 23 Jun 04, w/atch.
     Exhibit E.  Letter, AFPC/DPPPWB, dated 19 Jul 04.
     Exhibit F.  Letter, SAF/MRBR, dated 6 Aug 04.




                                   CHARLES E. BENNETT
                                   Panel Chair










AFBCMR BC-2004-01328




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 , be corrected to show that:

            a.  She was in a temporary duty status  for  a  sufficient
number of days and was paid total per diem in an amount equivalent  to
20.5 days of basic pay.

            b.  She was  promoted  to  the  grade  of  staff  sergeant
effective and with a date of rank of 1 Mar 99.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency