RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02197
		INDEX CODE:  110.00
		COUNSEL: XXX
			        
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 January 2006

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APPLICANT REQUESTS THAT:

He be compensated for 56 days of leave lost and be paid for any travel entitlements resulting from the change of his discharge to a retirement.  By amendment at Exhibit F, applicant requests he be given a retirement flag and a certificate of retirement from his unit.

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APPLICANT CONTENDS THAT:

While his investigation was pending, he could not take leave.  He was allowed to take a few coordinated leave days but this situation left him with earned leave.  When he was discharged he was advised that his separation orders only covered mileage to his home of record.  He incurred some traveling costs when discharged.  He is requesting a flat per diem family rate for each travel day to his home of record.   

In support of his application, the applicant provides a personal statement, a copy of his Leave and Earnings Statement for the period 1-28 February 2002, a copy of his DD Form 214 and documents associated with his discharge and retirement.  His submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 8 March 2002, while serving in the grade of master sergeant, the applicant was discharged with a general (under honorable conditions) discharge.  He had served 20 years, 5 months and 11 days on active duty.

Pursuant to the Board’s recommendation, on 28 August 2003, the applicant’s record was corrected to show he was not discharged on 8 March 2002 but rather, he was relieved from active duty and, effective 1 March 2002, he was retired for length of service.

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AIR FORCE EVALUATIONS:

AFPC/DPF recommends partial relief.  DPF states the applicant’s pay account reflects he lost 44 days of leave when he was discharged.  He carried forward 43.5 days of leave at the end of FY01.  He earned 13.5 days of leave in FY02 and used 13 days of leave during FY02 for a remaining balance at discharge of 44 days of leave.  The AFPC/DPF evaluation is at Exhibit B.

USAF/DPPC states that the applicant’s final travel voucher, dated 1 May 2002, reflects he was paid a monetary allowance in lieu of transportation (MALT) allowance to his home of record, XXXX, OH.  In addition to his MALT allowance, he was also paid per diem for seven travel days, which is the maximum allowed in accordance with the Joint Federal Travel Regulation.  On a separate issue, DPPC notes that the applicant was overpaid for eight days of active duty from 1-8 March 2002.  This debt resulted from his status change from separation to retirement which no longer entitles him to pay from 1-8 March 2002.  Alternatively, DPPC states if the Board wishes to grant relief, they recommend his record be changed to reflect a date of retirement of 1 April 2002 and place the applicant in a terminal leave status from 1-31 March 2002, thus enabling him to receive pay and allowances for thirty days while in a terminal leave status.  The USAF/DPPC evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Applicant responds by stating he concurs with the allowance he received in lieu of a transportation allowance.  However, he has paid back the eight days of active duty from 1-8 March 2002 and would like to receive pay and allowances for thirty days while in a terminal leave status as suggested by USAF/DPPC.  Applicant’s letter, with attachments, is at Exhibit E.

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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 some relief is warranted.  In this respect, we are in agreement with the opinions of the respective Air Force offices that the evidence supports award of 44 days of leave lost at the time of his discharge.  We have noted that USAF/DPPC has recommended that the applicant’s retirement be adjusted and he be placed in a terminal leave status; however, we believe it should be noted that terminal leave is not an automatic entitlement and we have no way of knowing whether or not his commander would have approved of this entitlement during this period.  More importantly, in view of the issues reviewed in connection with the Board’s decision to afford the applicant retirement for length of service in lieu of a discharge for cause, we are not inclined to afford the applicant the extraordinary windfall of an additional month of service credit which, in turn, would increase his lifetime entitlement to the computation of his retired pay.  Rather, in view of the totality of the circumstances of this case, we believe that the applicant will be afforded proper and fitting relief by compensating him for the 44 days leave he lost.  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 indicated below.  In regard to his request that he be paid for any travel entitlements resulting from the change of his discharge to a retirement, we note the applicant is in agreement with the Air Force assessment that he was paid accordingly via a monetary allowance in lieu of a transportation allowance; therefore no Board action is required.

4.  The Board notes the applicant’s request that he be given a retirement flag and a certificate of retirement from his unit; we advise the applicant that this matter is not within the purview of this Board and recommend he pursue this matter with his former unit.

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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 he was in a temporary duty status for a sufficient period of time beginning 28 September 2001 and was paid total per diem in an amount equivalent to forty-four (44) days of pay and allowance.  
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The following members of the Board considered this application in Executive Session on 16 November 2004, under the provisions of AFI 36-2603:

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

    Exhibit A.  DD Form 149 dated, 4 Jun 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPF, dated 16 Aug 04.
    Exhibit C.  Letter, USAF/DPPC, dated 2 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Sep 04.
    Exhibit E.  Letter, Applicant, dated 28 Sep 04, w/atchs.

AFBCMR BC-2004-02197

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 XXXXXXXXXXXXXXX, be corrected to show that he was in a temporary duty status for a sufficient period of time beginning 28 September 2001 and was paid total per diem in an amount equivalent to forty-four (44) days of pay and allowance.