RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02488
		INDEX CODE:  121.00, 121.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS:

Restoration of 17 days of leave charged during a Permanent Change of Station (PCS) to Ramstein Air Base, Germany.
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APPLICANT CONTENDS THAT:

She was placed on convalescent leave after the birth of her daughter and was allowed to out-process for her PCS assignment without being told her convalescent leave would end upon out-processing.  She feels she was given wrong advice/counseling concerning this matter.

She gave birth to her daughter on 11 Dec 04 and began her six weeks of convalescent leave on 14 December 2003 through 25 January 2004 (42 days).  She out-processed on 9 January 2004 and her port-call was on 9 February 2004.  Upon filing her travel voucher at Ramstein AB, she was informed that she could not take convalescent leave in conjunction with a PCS.  She was afforded 25 days of convalescent leave and charged the remaining 17 days as ordinary leave.

In support of her request, the applicant submits a personal statement, a statement from her commander and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 29 July 1998.  She was progressively promoted to the grade of staff sergeant (E-5), with an effective date and date of rank of 1 January 2003.  Information extracted from the Military Personnel Data System (MilPDS) reflects 11 February 2004 as the date she arrived at station (DAS).

Information extracted from applicant’s submission reveals she was approved convalescent leave from 14 December 2003 to 14 January 2004.  Applicant’s PCS orders (AF Form 899) reflect her new assignment (Ramstein AB) reporting date as not later than (NLT) 15 February 2004.
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AIR FORCE EVALUATION:

HQ AFPC/DPF recommends the applicant’s request be partially approved.  DPF recommends restoring 16 days of leave based on the commander’s e-mail the applicant provided indicating it was his intention she receive the entire period of convalescent leave, 42 days.  The applicant received 26 days of convalescent leave prior to departing PCS and should have received the additional 16 days of convalescent leave.  The HQ AFPC/DPF 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 applicant on 3 September 2004 for review and response.  As of this date, no response has been received by this office (Exhibit C).
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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 reviewing the applicant’s submission and the evidence of record, we are persuaded that relief is warranted.  In this respect, we are in agreement with the opinion and recommendation of the appropriate Air Force office, HQ AFPC/DPF, that the evidence supports restoration of 16 days of leave to the applicant’s records.  We considered applicant’s request for 17 days of leave; however, since she was only authorized an additional 16 days of convalescent leave, we do not recommend approval of the additional day.  In view of the foregoing, we recommend the applicant’s 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 16 days of leave were added to her leave account commencing 2 October 2004.
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The following members of the Board considered this application in Executive Session on 28 October 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-02488.

   Exhibit A.  DD Form 149, dated 4 Aug 04, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPF, dated 30 Aug 04, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 3 Sep 04.

AFBCMR BC-2004-02488

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 16 days of leave were added to her leave account commencing 2 October 2004.