RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03299
		INDEX CODE:  121.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

28 days of leave be restored to his leave account.

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APPLICANT CONTENDS THAT:

He was misinformed regarding the disposition of his leave as a result of accepting a direct commission.  He contends that in the course of outprocessing he was forced to either use his accrued 23 days of leave or sell it.  Additionally, the applicant claims that his terminal leave and travel days were miscalculated resulting in an additional 5 days of leave being erroneously charged.

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

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on  5 September 1989.  He was progressively promoted to the grade of Staff Sergeant (SSgt/E-5).  Applicant was separated effective   26 August 2001 and received a direct commission in the Medical Service Corps on 27 August 2001.  Applicant’s terminal leave began on 4 August 2001 and ran through 26 August 2001 (23 days).

Applicant’s commissioning required a Permanent Change of Station (PCS) move to Holloman AFB, NM with enroute temporary duty assignments to Commissioned Officer Training school at Gunter Air Force Station, AL and Health Services Administration training at Sheppard AFB, TX.  

Applicant reported to Holloman AFB, NM on 10 December 2002 and was charged 5 days advance leave for the period 27 August 2001 through 31 August 2001.  

Applicant is currently stationed at Holloman AFB, NM in the Medical Information Systems Flight and is serving in the grade of 2nd Lt. (O-1).

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AIR FORCE EVALUATION:

HQ AFPC/DPSFM recommends denial.  Citing guidance from HQ AFPC/DPPRS publication, Processing Procedures for Prior Enlisted Personnel and Direct Commissioning Programs, dated 15 May 2000, DPSFM states that even though the applicant was miscounseled by the Military Personnel Flight at the losing installation, applicant received all pay and allowances while on leave and therefore did not lose any leave.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 November 2002 for review and comment within 30 days.  As of this date, there has been no response received by this office.  

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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 error or injustice.  After reviewing the evidence of record, we are persuaded that the applicant was miscounseled concerning his leave prior to commissioning.  Based on the documentation available, it also appears that he was not eligible to take the leave in question.  Based on the fact that the applicant did not want to take the leave, we recommend his records be corrected to the extent 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 28 days of leave were added to his leave account commencing    2 October 2002.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03299 in Executive Session on 9 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 02, w/atchs. 
    Exhibit B.  Letter, HQ AFPC/DPSFM, dated 21 Nov 02.
    Exhibit C.  Letter, SAF/MRBR, dated 27 Nov 02.