RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03240
		INDEX CODE:  121.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement date be adjusted by 60 days and his retirement pay be adjusted accordingly.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not allowed to take 60 days of terminal leave due to his medical discharge and was forced to sell the leave.  His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 19 Nov 81.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Jan 00.  On 12 Jun 02, he was permanently retired for disability reasons with a 20 percent disability rating.  He served 20 years, 6 months, and 23 days on active duty.  

The applicant sold 60 days of leave prior to his retirement.  He was granted 20 days of permissive TDY from 26 Apr 02 through 15 May 02, and took 27 days of terminal leave from 16 May 02 through 11 Jun 02.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommends denial.  DPSFM states that he was required to sell 60 days leave due to his disability retirement.  AFI 36-3003 requires members to receive payment for up to 60 days accrued leave and affords them time to take any accrued leave in excess of the 60-day limit.  The Physical Disability Division determines a member’s separation date, taking into account the leave balance and leave accruing in excess of the 60-day leave payment limitation.  He received a disability retirement and was required to sell 60 days of accrued leave and use any leave over the 60-day limit as terminal leave.  The DPSFM evaluation is at Exhibit C.

AFPC/DPPD recommends denial.  DPPD states that individuals undergoing disability processing who have not sold 60 days of leave after 10 Feb 76 during their military career must sell their accrued leave at separation or retirement.  The separation/retirement date is established by adding the member’s accrued leave, the number of permissive TDY days authorized by the unit commander, and 20 days processing time to come to the projected separation/retirement date.  Members retiring or separating for disability are authorized to use accrued leave that they cannot sell back as a result of this process.  The excess leave is formulated in establishing the final separation/retirement date to include any days accumulated during this processing period.  A review of his disability case reveals that he did not face any personal hardship over and above that encountered by other service members being separated/retired for a disability.  The DPPD evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 20 Dec 02 for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice that would warrant adjustment of the applicant's date of retirement.  Evidence has not been presented which would lead us to believe that the standards of Air Force policy were not appropriately applied in this case or that he was treated differently than others in similar circumstances.  Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2002-03240 in Executive Session on 9 Apr 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Apr 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 21 Nov 02, w/atchs.
    Exhibit D.  Letter, AFPC/DPPD, dated 4 Dec 02.
    Exhibit E.  Letter, SAF/MRBR, dated 20 Dec 02.