RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02090
		INDEX NUMBER:  121.00
	XXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

She be paid for eight days of leave she lost when called back to duty while on permissive temporary duty (PTDY) and terminal leave.

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APPLICANT CONTENDS THAT:

The legal office at Lackland Air Force Base called her back to duty to testify at a courts-martial on two occasions while she was on PTDY and terminal leave resulting in her losing eight days of leave.

In support of her appeal, applicant submitted a copy of an Inspector General (IG) complaint she filed, a copy of the IG response, and copies of her leave forms.

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

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STATEMENT OF FACTS:

The relevant facts pertaining to this case are found in the evaluation prepared by the appropriate office of the Air Force found at Exhibits C and D.

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AIR FORCE EVALUATION:

AFPC/DPSFM recommends that the applicant be granted partial relief.  They recommend she be compensated for five days of leave vice eight.  When the applicant was recalled during the period 22-24 May 01, she was on PTDY and did not lose any leave.  The second recall during the period 25-29 Jul 01, she was on terminal leave and lost five days.

The complete evaluation is at Exhibit C.

AFPC/DPPRRP also recommends that the applicant be compensated for five days of leave.  They provide two options for correcting the applicant’s records.  One option is to compensate the applicant for the five days and the other would be to change the effective date of her retirement from 1 Aug 01 to 1 Sep 01.  [Examiner’s note: If the Board elects the option of changing the applicant’s retirement effective date, it would result in an additional month of service being credited to the applicant and permanently change her retirement pay.  In similar types of cases, the Board has placed the individual in a TDY status for an appropriate period of time to offset the lost leave.]

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Oct 02 for review and comment within 30 days.  To date, a response has not been received.

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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 error or injustice.  The Board agrees with the recommendations of the Air Force offices of primary responsibility to provide the applicant with partial relief by restoring five days of leave instead of eight.  The evidence of record clearly shows that the applicant only lost five days of leave and that she was on Permissive TDY for the other three days.  Since the applicant was recalled to duty while being charged leave, she is entitled to be compensated for the lost leave.  However, she is only entitled to her normal military pay while in a Permissive TDY status.  The Board also notes that the applicant has already sold the maximum 60 days of leave allowed by law, necessitating that we compensate her by other means.  Therefore, we recommend that the applicant’s records be corrected as indicted 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 she was in a temporary duty status for five days beginning 1 May 2001 and was paid total per diem the equivalent of five days of basic pay.

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The following members of the Board considered Docket Number 02-01954 in Executive Session on 23 January 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 25 Jun 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPSFM, dated 4 Sep 02.
     Exhibit D.  Memorandum, AFPC/DPPRRP, dated 3 Oct 02.
     Exhibit E.  Letter, SAF/MIBR, dated 11 Oct 02.

                                   Panel Chair

AFBCMR 02-02090

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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show that she was in a temporary duty status for five days beginning 1 May 2001 and was paid total per diem the equivalent of five days of basic pay.

		Director
		Air Force Review Boards Agency