RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00885
		INDEX CODE:  121.03
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Four days of leave be added to her leave account.

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APPLICANT CONTENDS THAT:

During the period of 8 - 11 August 2001 she was at work performing duties.  She was instructed to take leave as reimbursement to the Air Force since she went to the Bahamas during four days of convalescent leave.  Her commander felt that since she left her infant and took her oldest daughter, she was not on convalescent leave.  She was medically cleared to leave the local area.  As a single parent, she received more rest and relaxation in the Bahamas than she did at home.  It was acceptable for her to drive seven hours to visit her family, which was harder on her body than a two-hour plane ride.  Postpartum convalescent leave can normally be taken where the member wants as long as the medical authority or attending physician determines the member can depart the local area while on convalescent leave.  

In support of her request, applicant provided a copy of her AF Form 988, Leave Request/Authorization; an email, and an affidavit.  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reflects that the applicant, a prior service enlisted member, was appointed a second lieutenant, Reserve of the Air Force, on 28 Jun 02 and was voluntarily ordered to extended active duty on that same date.  

Her Master Military Pay Account (MMPA) reflects that she was charged leave from 8 - 11 Aug 01.  The MMPA does not reflect that she was on convalescent leave from 11 Jun 01 through 21 Jul 01. 

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AIR FORCE EVALUATION:

AFPC/DPSFM recommends denial.  DPSFM states that the applicant provided an affidavit from an individual supporting her claim she was on duty during the contested period.  However, DPSFM was unable to determine if that person was a supervisor or coworker.  DPSFM requested additional information from the applicant to explain why she signed an AF Form 988 for leave she did not take, but she did not respond to their request.  The DPSFM 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 Jun 03 for review and comment within 30 days.  As of this date, this office has received no 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  It appears that the applicant was on convalescent leave from 11 Jun 01 through 21 Jul 01.  While on convalescent leave, the applicant went to the Bahamas for four days.  Upon her return to duty, she was directed to prepare a leave slip for the period 8 - 11 August by her commander because he believed that her trip to the Bahamas was unauthorized while in convalescent status.  Although the proper procedures for leave travel outside the continental United States prescribed in AFI 36-3003, paragraph 4.8.2. were not properly adhered to, because the leave regulation is somewhat ambiguous regarding departure from the local area while on convalescent leave, we believe reasonable doubt has been established as to whether or not it was appropriate for her commander to direct her to prepare another leave form to account for her travel to the Bahamas.  Accordingly, it is our opinion that any doubt in this matter, should be resolved in favor of the applicant.  Therefore, we recommend that her records be corrected 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 four days of annual leave were added to her leave account commencing 2 October 2002.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00885 in Executive Session on 21 Aug 03, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

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

    Exhibit A.  DD Form 149, dated 6 Mar 03.
    Exhibit B.  Letter, AFPC/DPSFM, not dated.
    Exhibit C.  Letter, SAF/MRBR, dated 27 Jun 03.

					
								Panel Chair

AFBCMR BC-2003-00885

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 APPLICANT, be corrected to show that four days of annual leave were added to her leave account commencing 2 October 2002.

							
							Director
							Air Force Review Boards Agency