RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01181
INDEX CODE: 128.10
XXXXXXX
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 20 OCTOBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Excess leave in the amount of 151 days be changed to convalescent
leave.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During the time she was on leave, she was awaiting discharge. Her
commanding officer had placed her on leave because she was physically
and mentally unable to perform her duties.
In support of her application, she provided copies of her Leave and
Earning Statements from the Air Force Academy Preparatory School, a
“Statement of Member Loss,” and a copy of the Air Force Instruction
(AFI) pertaining to Disenrollment of Academy Cadets.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on extended active duty in the grade of captain
with an effective date of rank of 1 June 2003.
On 21 October 2003, the commander notified the member that she was
being discharged from the Air Force. On 18 September 2003, she was
seen for a voluntary mental health evaluation by a staff psychologist
and diagnosed as having an Adjustment Disorder with Mixed Anxiety and
Depressed Mood, Severe (309.28). Her condition was not amenable to
retraining or reclassification within the military system, and
rehabilitation attempts within the military system were likely to be
unsuccessful. The least favorable character of discharge that the
Secretary of the Air Force may approve in this case is a general
(under honorable conditions) discharge.
On 20 October 2003, applicant acknowledged receipt of the notification
of discharge and her rights to consult with legal counsel.
On 22 October 2003, the applicant responded to the notification of
administrative discharge action under AFI 36-3206 and understood the
following applies regarding recoupment if she has received education
assistance, special pay, or bonuses and she has not completed the
period of active duty she agreed to serve:
a. Recoupment of a portion of education assistance if she
voluntarily separate.
b. Recoupment of a portion of education received if involuntary
discharge.
c. Recoupment of a portion of special pay or bonus monies for
involuntary discharge.
d. The recoupment in all cases is an amount that bears the same
ratio to the total amount or cost provided to her as the unserved
portion of active duty that she agreed to serve.
On 16 April 2004, the applicant was separated under the authority of
AFI 36-3207, Personality Disorder, with an honorable discharge. She
served 10 months active federal service.
Based upon the applicant's DFAS-DE Form 0-642, Statement of Military
Leave Account, from 1 October 2003 through 16 April 2004, the
applicant used a total of 151 days of leave. Member's leave balance
is a negative 135 days of leave.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSO recommends denial. After receiving the applicant's DD Form
149, DPSO needed additional information (approved convalescent leave
statement verification) to sufficiently evaluate the applicant's claim
and appropriate recommendation. However, the applicant has not
provided the additional information to support her contentions.
AFPC/DPSO complete evaluation is attached at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and stated she was
resending her supporting documentation to AFPC/DPSO. DPSO stated they
had not received any response from the applicant.
Applicant's complete response, with attachments, is attached 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 to warrant approval. After
reviewing the evidence of record, we are persuaded that the applicant
was miscounseled regarding proper procedures for taking leave and that
she was not aware she was going into excess leave status. In this
regard, we note the commander is the only person authorize to approve
excess leave, however, it also appears someone authorized the
applicant to take the leave in question which led to the applicant's
being placed in an excessive leave status. The Board was not convinced
that it was entirely the applicant's fault that she was granted more
leave than she actually had and believes that the benefit of any doubt
should be resolved in the applicant’s favor. Therefore, we recommend
her records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that excess leave taken
from 22 November 2003 through 11 April 2004 was charged as
convalescent leave.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2006-01181 in Executive Session on 21 September 2006, under the
provisions of AFI 36-2603:
Mr. Michael Gallogly, Panel Chair
Mr. Dean Yount, Member
Mr. Gregory Parker, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR Docket Number BC-
2006-01181 was considered:
Exhibit A. DD Form 149, dated 7 Dec 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSO, dated 28 JUN 06.
Exhibit D. Letter, SAF/MRBR, dated 14 Jul 06.
Exhibit E. Applicant's Response, dated 20 Jul 06.
MICHAEL GALLOGLY
Panel Chair
AFBCMR BC-2006-01181
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, XXXXXXX, be corrected to show that excess
leave taken from 22 November through 11 April 2004 was charged as
convalescent leave.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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