RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01244
		INDEX CODE:  121.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Leave he was charged during the period 7 July through 4 September 2002, be reinstated to his leave account.

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APPLICANT CONTENDS THAT:

On 4 July 2002 while enroute on Permanent Change of Station (PCS) orders from Vandenburg AFB to Malstrom AFB, his pregnant wife was admitted to the hospital in Yakima Washington suffering from placenta previa.  His wife’s doctor advised him that they not travel until after a successful delivery.  His wife’s due date was 9 September 2002.  He immediately contacted his gaining unit leadership to let them know what was going on and was told to remain with his wife, as his Report Not Later Than Date (RNLTD) was 15 July 2002.  He asked his gaining unit to look into the possibility of placing him on some type of TDY.  On or about 15 July 2002, the applicant, while speaking with personnel from the Air Force Personnel Center (AFPC), was told that there was a provision in Air Force Instructions (AFI’s) that would allow him to be placed in a TDY status called “non-medical attendant”.  He informed his gaining unit of this development and also faxed a letter from his wife’s doctor explaining her condition and the risks associated with moving her to another facility.  Over the next few weeks the applicant spoke with his gaining unit leadership and offered to come to Malstrom AFB to sign in and then return to Washington to be with his wife.  He also inquired about the TDY status issue and was told that Malstrom medical personnel did not believe his situation warranted non-medical attendant TDY status.  After weekly contact with his gaining unit leadership he was told, in early September 2002, to report to Malstrom to in process and that he could return to his family on permissive TDY.  He arrived at Malstrom AFB on 3 September 2002 and in processed.  On 11 September 2002, his wife underwent an emergency “C” section due to complications with the baby.  His wife and son remained hospitalized until 20 September 2002 and the applicant was ordered to return to Malstrom AFB on 21 September 2002.  He returned, was taken off permissive TDY and placed on regular leave, and returned to Washington to be with his family.  Applicant understood that there was a request for an additional 20 days of permissive TDY that was going to be elevated to his commander for approval that apparently never happened.  His wife was released for travel and they arrived at Malstrom AFB on 6 October 2002.  

In support of his appeal, the applicant has provided a personal statement, copies of two letters of status from his wife’s doctor, select copies of portions of AFI 65-103 and, a letter from his commander requesting the Board grant relief.

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

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STATEMENT OF FACTS:

The applicant, a 2nd Lieutenant in the Regular Air Force, left Vandenburg AFB, CA for his next duty station, Malstrom AFB, MT, on 1 July 2002.  His RNLTD was 15 July 2002.  Due to familial medical problems enroute, he was detained in Yakima, WA, and did not report for duty until 5 September 2002.  He was charged 62 days of leave in excess of allowed travel time, Permissive TDY (PTDY) and proceed time for the period 1 July 2002 through 31 August 2002.

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AIR FORCE EVALUATION:

AFPC/DPSFM reviewed this application and recommended partial relief.  Based on the applicant’s Master Military Pay Account and his personal data Report on Individual Personnel (RIP) DPSFM states that the applicant was correctly charged leave for the period 1 July 2002 through 31 August 2002.  DPSFM addresses the applicant’s statement that he should have been placed in a PTDY status as a non-medical attendant as per AFI 36-3003, Table 7, Rule 8, by agreeing that the applicant’s commander could have authorized 10 days of PTDY and that Rule 9 allows the applicant’s wing commander to grant up to 20 additional days.  However, DPSFM refers to Rule 8 that states that PTDY is not appropriate for rehabilitation or outpatient treatment.  DPSFM contends that the applicant’s wife was released from the hospital on 15 July 2002 to stay at her mother’s home until she delivered.  Consequently, the applicant could have been authorized PTDY for the period that his wife was hospitalized: 4 through 15 July 2002.  He was contacted to provide documentation from his unit and wing commander approving the PTDY request but was only able to produce a letter from his unit commander supporting applicant’s request for PTDY.  Therefore, DPSFM recommends partial relief in that the applicant receive 10 days of leave added back to his account.

AFPC/DPSFM’s complete evaluation, with attachments, 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 18 July 2003 for review and comment within 30 days.  As of this date, no response has been 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 error or injustice.  After careful consideration of the information presented and in view of the seriousness of the situation that the applicant found himself in, we find, that in order to offset the possibility of an injustice that the applicant not be charged leave for the period 7 July 2002 through 11 September 2002.  Therefore, in view of the applicant’s commander’s statement and our aim to prevent an injustice we recommend that the 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 60 days of leave were added to his leave account commencing 1 October 2003.

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The following members of the Board considered this application in Executive Session on 2 September 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 20 Mar 03, w/atchs. 
    Exhibit B.  Letter, AFPC/DPSFM, dated 11 Jul 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jul 03.

                                   

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2003-01244

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 60 days of leave were added to his leave account commencing 1 October 2003.