RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03490
		INDEX CODE:  121.03
		COUNSEL:  NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His unused terminal leave be restored, convalescent leave be annotated correctly, official retirement date be adjusted or an exception to policy be enacted so he may be financially compensated for his unused leave.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The accounting and finance office placed improper leave codes concerning his terminal and convalescent leave in the data system and they did not seek proper guidance on how to administer his excess leave.  The Military Personnel Flight was not familiar with the procedures in administering his excess leave beyond his retirement date.  

In support of his appeal, applicant submits copies of his AF Form 988, Leave/Request Authorizations, a copy of his orders for convalescence, and two supporting letters.  Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 January 2003, the applicant submitted an application for retirement, with an effective retirement date of 1 August 2003.  On 31 July 2003, the applicant was relieved from active duty and was retired in the grade of chief master sergeant (E-9) effective 1 August 2003.  Applicant was credited with 31 years and 18 days of total active duty service for basic pay and 30 years, 11 months and 23 days active service for retirement.  

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSFM recommends partial relief.  DPSFM states that AFI 36-3003, Military Leave Program, specifies that the commander will not approve more than 30 days’ initial convalescent leave.  Extending convalescent leave beyond 30 days requires additional medical review and consent.  DPSFM states that the applicant provided a copy of Part II of his AF Form 988, approving 85 days of convalescent leave from 21 May 2003 through 13 August 2003.  This leave form was not coordinated with the Medical Treatment Facility (MTF).  He also provided a copy of a second convalescent leave period for 85 days from 16 July 2003 through 10 October 2003.  This leave form was coordinated and signed by the MTF.  A review of the Master Military Pay Account reflects neither of the convalescent leave periods was updated.  DPSFM states that the Master Military Pay Account should be corrected to reflect 29 days, the combined periods of convalescent leave, as lost leave after the applicant retired.  Since the applicant has already been paid for 60 days of leave, DPSFM recommends that his retirement date be adjusted by 29 days, for the period of lost leave.  A complete copy of the AFPC/DPSFM evaluation is at Exhibit B.

AFPC/DPPRRP recommends the application be denied.  DPPRRP states that the applicant had elective surgery less than six months prior to his retirement date and did not follow the correct procedures for requesting the elective surgery.  In accordance with AFI 36-3003, defines convalescent leave as “an authorized absence normally for the minimal time essential to meet the medical needs for recuperation.  It is not chargeable leave.”  Because the applicant’s elective surgery was not approved previous to his retirement, DPPRRP states that the applicant was not authorized to have elective surgery, nor have convalescent leave based upon that surgery.  There is no evidence that the applicant requested cancellation of his approved 73-day terminal leave in order to substitute convalescent leave.  A complete copy of the AFPC/DPPRRP evaluation is at Exhibit C.

The Chief Medical Standards Branch advises that the podiatrist sent two notes requesting 12 weeks of convalescence for each surgery which does not necessarily mean that he be granted 12 weeks of convalescent leave, just that he be given appropriate consideration for his post-operative condition.  A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Prior to his first surgery, the applicant states he contacted his Military Personnel Flight and asked what were the procedures for having surgery while on terminal leave.  He was told if the surgery required convalescent leave, his terminal leave would stop, and he would be placed in a convalescent status.  His primary care manager advised him that he normally approves 14 days in the beginning and after postoperative follow-ups a determination would be made on any additional days.  The Accounting and Finance Office (AFO) assured him that the paperwork would get into the system.  He advised the AFO that he was retiring and did not have until 2006 to use his excess accumulation of leave days.  At his final out-processing briefings and appointments, he was never advised that he had to get additional approval for his convalescent leave.  The applicant’s letter is at Exhibit F.

_________________________________________________________________

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 to warrant partial relief.  After thoroughly reviewing the evidence submitted in support of his appeal, it is our opinion that credible evidence has been provided to show that the applicant acted in good faith by contacting his Military Personnel Flight prior to his foot surgeries regarding the procedures for requesting convalescent leave while in a terminal leave status.  However, due to administrative errors beyond the applicant’s control, his convalescent leave was improperly coded as ordinary leave.  Additionally, the evidence of record shows that the applicant’s commander, who was the approval/disapproval authority, incorrectly authorized the convalescent leave.  In view of the foregoing, we believe that relief is warranted in this matter.  We have noted that AFPC/DPSFM has recommended that the applicant’s retirement be adjusted by 29 days; however, it is our opinion that the most appropriate course of action is to award the applicant 84 days of leave.  By such action, we believe that the applicant will be afforded proper and fitting relief. The Board notes, however, that the applicant has already sold the maximum 60 days of leave allowed by law, necessitating that we compensate him by other means.  Therefore, we recommend that the applicant’s records be corrected as indicted below.  

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was in a temporary duty status for a sufficient period of time beginning 10 February 2003 and was paid total per diem in an amount equivalent to eighty-four (84) days of pay and allowances.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 11 March 2004, under the provisions of AFI 36-2603:

All members voted to grant the record as indicated.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-03490:

    Exhibit A.  DD Form 149, dated 15 Oct 03, w/atchs. 
    Exhibit B.  Letter, HQ AFPC/DPSFM, undated, w/atchs.
    Exhibit C.  Letter, AFPC/DPPRRP, dated 17 Dec 03,
                w/atchs.
    Exhibit D.  Letter, Chief Medical Standards Branch, 
                dated 15 Dec 03.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Jan 04.
    Exhibit F.  Letter, Applicant, dated 5 Feb 04.

                                   

AFBCMR BC-2003-03490

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 XXXXXXX, be corrected to show that he was in a temporary duty status for a sufficient period of time beginning 10 February 2003 and was paid total per diem in an amount equivalent to eighty-four (84) days of pay and allowances.