RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-03250
			INDEX NUMBER:  121.00
			COUNSEL:  NONE

			HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

Her husband’s records be corrected to show he is entitled to receive reimbursement for 12 days of unused leave lost on 9 September 2002.  

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APPLICANT CONTENDS THAT:

On 21 November 2001, her husband was involved in a serious motor vehicle accident that caused severe brain injury.  Due to the required medical treatment and care, he has been unable to use his leave since the accident.  He was medically retired on 9 September 2002 in the grade of captain with compensable percentage of 100 percent for physical disability.  At the time of his retirement he had a balance of 12 days of use/lose leave for which he did not receive compensation.

In support of her request, the applicant provides copies of letters from physicians, a copy of her husband’s retirement order with amendment and a copy of the power of attorney.  The applicant's submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Records reflect that the applicant’s spouse was relieved from active duty effective 9 August 2002 and placed on the Temporary Disability Retired List in the retired pay grade of captain effective 10 September 2002.  Applicant was credited with 9 years, 3 months and 8 days of total active duty service for basic pay and active service for retirement.  Records maintained by the Department of Veterans Affairs indicate the former member was declared incompetent.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate offices of the Air Force at Exhibit C & D.  

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AIR FORCE EVALUATION:

AFPC/DPSFM recommends the application be granted.  DPSFM states that the former member’s Master Military Pay Account indicates he had a leave balance of 70.5 days when he retired.  He was paid for 60 days of leave on 9 September 2002; therefore losing 10.5 days of leave at retirement.  The AFPC/DPSFM evaluation is at Exhibit C.

AFPC/DPPD recommends the application be denied.  DPPD states that disability processing records show that the former member was released from active duty after being found unfit for continued military service and placed on the TDRL under the provisions of AFI 36-3212.  DPPD reviewed the recommendation from DPSFM and believes that not all facts were considered when DPSFM based their decision.  On 25 July 2002, DPPD obtained information from the former member’s unit that he had accrued 64.5 days as of 30 June 2002 and had not taken any leave since 1 July 2002.  It was also established that he had not sold any leave back at that time.  Based on this information, a date of separation of 9 September 2002 was established on 9 August 2002 utilizing the “Disability Retirement Date Calculator.”  The calculator considered the applicant’s accrued projected leave up until the established retirement date, when establishing his date of separation.  Based on these calculations, DPPD believes that the applicant was not denied any accrued leave through 9 September 2002, the time of his placement on the TDRL.  DPPD states that no error occurred during his disability processing through the DES that would justify a change to his military records to reflect he was denied payment of his accrued leave through 9 September 2002.  The AFPC/DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 April 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response.  As of this date, this office has not received a response.  

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant approval for compensation for 12 days of unused leave.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that the applicant’s spouse has been the victim of either an error or injustice.  Her contentions were duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by AFPC/DPPD.  We have noted the disparity between the advisories provided by AFPC/DPSFM and AFPC/DPPD; however, we believe AFPC/DPPD correctly established his date of separation with the aid of the Disability Retirement Date Calculator.  In addition, the Disability Retirement Date Calculator correctly projected the accrued leave up until the established retirement date.  Therefore, in the absence of evidence to the contrary, we agree with the recommendation of AFPC/DPPD and adopt their rationale as the basis for our decision that the applicant’s spouse has not suffered either an error or an injustice.  Therefore, we find no basis upon which to recommend favorable action on this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.  

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The following members of the Board considered this application in Executive Session on 28 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Oct 02, w/atchs.
   Exhibit B.  Applicant’s Military Personnel Record.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 19 Feb 03 w/atchs.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 27 Mar 03 w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 4 Apr 03.