RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02197
            INDEX CODE:  110.00
            COUNSEL: VFW

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 January 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be compensated for 56 days of leave lost  and  be  paid  for  any  travel
entitlements resulting from the change of his  discharge  to  a  retirement.
By amendment at Exhibit F, applicant requests he be given a retirement  flag
and a certificate of retirement from his unit.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While his investigation was pending,  he  could  not  take  leave.   He  was
allowed to take a few coordinated leave days but  this  situation  left  him
with earned  leave.   When  he  was  discharged  he  was  advised  that  his
separation orders only covered mileage to his home of record.   He  incurred
some traveling costs when discharged.  He is  requesting  a  flat  per  diem
family rate for each travel day to his home of record.

In support of his application, the applicant provides a personal  statement,
a copy of his Leave and Earnings Statement  for  the  period  1-28  February
2002, a copy of his DD Form 214 and documents associated with his  discharge
and retirement.  His submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 8 March 2002,  while  serving  in  the  grade  of  master  sergeant,  the
applicant  was  discharged  with  a  general  (under  honorable  conditions)
discharge.  He had served 20 years, 5 months and 11 days on active duty.

Pursuant to the Board’s recommendation, on 28 August 2003,  the  applicant’s
record was corrected to show he was not  discharged  on  8  March  2002  but
rather, he was relieved from active duty and, effective  1  March  2002,  he
was retired for length of service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPF recommends partial relief.  DPF states the applicant’s pay  account
reflects he lost 44 days of  leave  when  he  was  discharged.   He  carried
forward 43.5 days of leave at the end of  FY01.   He  earned  13.5  days  of
leave in FY02 and used 13 days of leave during FY02 for a remaining  balance
at discharge of 44 days of leave.  The AFPC/DPF evaluation is at Exhibit B.

USAF/DPPC states that the applicant’s final  travel  voucher,  dated  1  May
2002, reflects he was paid a monetary allowance in  lieu  of  transportation
(MALT) allowance to his home of record, Lima, OH.  In addition to  his  MALT
allowance, he was also paid per diem for seven travel  days,  which  is  the
maximum allowed in accordance with the Joint Federal Travel Regulation.   On
a separate issue, DPPC notes that the applicant was overpaid for eight  days
of active duty from 1-8 March 2002.  This  debt  resulted  from  his  status
change from separation to retirement which no longer  entitles  him  to  pay
from 1-8 March 2002.  Alternatively, DPPC states  if  the  Board  wishes  to
grant relief, they recommend his record be changed  to  reflect  a  date  of
retirement of 1 April 2002 and place  the  applicant  in  a  terminal  leave
status  from  1-31 March  2002,  thus  enabling  him  to  receive  pay   and
allowances for thirty days while in a terminal leave status.  The  USAF/DPPC
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Applicant responds by stating he concurs with the allowance he  received  in
lieu of a transportation allowance.  However, he has  paid  back  the  eight
days of active duty from 1-8 March 2002 and would like to  receive  pay  and
allowances for thirty days while in a terminal leave status as suggested  by
USAF/DPPC.  Applicant’s letter, with attachments, is at Exhibit E.

_________________________________________________________________

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   reviewing   the   applicant’s
submission and the evidence of record, we are persuaded that some relief  is
warranted.  In this respect, we are in agreement with the  opinions  of  the
respective Air Force offices that the evidence supports award of 44 days  of
leave lost at the time of his discharge.  We have noted that  USAF/DPPC  has
recommended that the applicant’s retirement be adjusted and he be placed  in
a terminal leave status;  however,  we  believe  it  should  be  noted  that
terminal leave is not an  automatic  entitlement  and  we  have  no  way  of
knowing  whether  or  not  his  commander  would  have  approved   of   this
entitlement during this period.  More importantly, in  view  of  the  issues
reviewed in connection with the Board’s decision  to  afford  the  applicant
retirement for length of service in lieu of a discharge for  cause,  we  are
not inclined to afford  the  applicant  the  extraordinary  windfall  of  an
additional month of service  credit  which,  in  turn,  would  increase  his
lifetime entitlement to the computation of  his  retired  pay.   Rather,  in
view of the totality of the circumstances of this case, we believe that  the
applicant will be afforded proper and fitting  relief  by  compensating  him
for the 44  days  leave  he  lost.   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 indicated below.   In
regard to his request that he be paid for any travel entitlements  resulting
from the change of his discharge to a retirement, we note the  applicant  is
in agreement with the Air Force assessment that he was paid accordingly  via
a monetary allowance in lieu of a  transportation  allowance;  therefore  no
Board action is required.

4.  The Board notes the applicant’s request that he be  given  a  retirement
flag and a certificate of retirement from his unit; we advise the  applicant
that this matter is not within the purview of this Board  and  recommend  he
pursue this matter with his former unit.

_________________________________________________________________

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 28 September  2001  and  was  paid
total per diem in an amount equivalent to forty-four (44) days  of  pay  and
allowance.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 November 2004, under the provisions of AFI 36-2603:

           Ms. Marilyn M. Thomas, Vice Chair
           Ms. Kathleen F. Graham, Member
           Ms. Janet I. Hassan, Member

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

    Exhibit A.  DD Form 149 dated, 4 Jun 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPF, dated 16 Aug 04.
    Exhibit C.  Letter, USAF/DPPC, dated 2 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Sep 04.
    Exhibit E.  Letter, Applicant, dated 28 Sep 04, w/atchs.




                                   MARILYN M. THOMAS
                                   Vice Chair

AFBCMR BC-2004-02197




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 XXXXXXXXXXXXXXX, be corrected to show that he was in a
temporary duty status for a sufficient period of time beginning 28
September 2001 and was paid total per diem in an amount equivalent to
forty-four (44) days of pay and allowance.





           JOE G. LINEBERGER

           Director

           Air Force Review Boards Agency