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AF | BCMR | CY2006 | BC-2006-01181
Original file (BC-2006-01181.doc) Auto-classification: Approved

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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