RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00414
		INDEX CODE:  121.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive compensation for pay and allowances associated with 33 leave days lost.  

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APPLICANT CONTENDS THAT:

He had an original retirement date of 1 February 2002; however, due to Stop Loss he requested 1 April 2002 as his new retirement date.  He was unable to exhaust his leave prior to his date of retirement.  

In support of his appeal, applicant submits a personal statement, copies of a prior DD Form 149, email communication regarding procedures for members denied terminal leave, AF Form 1160, Military Retirement Actions, personal data RIP and a voided check.  Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the applicant’s master personnel record indicates that effective 1 April 2002, applicant retired in the grade of master sergeant with 21 years, 11 months and 15 days of active service for retirement and 22 years, 2 months and 3 days of service for basic pay.  

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AIR FORCE EVALUATION:

AFPC/DPPRP recommends the application be approved.  DPPRP states that the applicant intended to use the 33 days annual leave, but through no fault of his own, was prevented from taking the leave due to denial of terminal leave by his commander.    The AFPC/DPPRP evaluation, with attachments, is at Exhibit C. 

AFPC/DPSFM recommends the application be approved.  DPSFM states that the applicant previously sold 60 days leave and was denied terminal leave by the unit commander due to unit manning and the events of 9-11.  The DPSFM evaluation, with attachments, is at Exhibit D.    

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 November 2002, copies of the Air Force evaluations were forwarded to the applicant for information purposes.

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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 an injustice to warrant relief.  The applicant has provided convincing evidence that he intended to use the 33 days annual leave but through no fault of his own, was prevented from taking the leave.  Therefore, we agree with the opinions and recommendations of the Air Force office’s of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has been the victim of an injustice.  However, extending the applicant’s retirement date would credit him with increased retired pay for the rest of his life--the total of which could ultimately exceed the monetary value of the lost 33 days.  Therefore, in an effort to afford the applicant full, yet fair relief for the loss of 33 days of leave, we resorted to a “creative” form of records correction.  Pursuant to our request, the Defense and Finance Accounting Service computes the amount of money the applicant would receive for a fictitious temporary duty equating to the dollar value of 33 days of leave at his grade and rank.  This form of correction would afford the applicant full and fair compensation without the adverse effect of either an offset or a windfall.  In view of the above, we recommend that the applicant be afforded relief by correcting his record as indicated below.  

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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 thirty-three (33) days beginning 1 January 2002 and was paid total per diem the equivalent of thirty-three (33) days of basic pay.  

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The following members of the Board considered this application in Executive Session on 26 March 2003, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 30 Jun 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRRP, dated 6 Nov 02.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 02.

                                   

AFBCMR 02-00414
INDEX CODE:  121.03

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 xxxxxxxxxxx, be corrected to show that he was in temporary duty status for thirty-three (33) days beginning 1 January 2002 and was paid total per diem the equivalent of thirty-three (33) days of basic pay.