Jason pulled my ars out of the fire on this one so I am not disagreeing with his posting. But there is major confusion from the PEBLOs trained 10 years ago (or untrainable) and the new PEBLOs. The rules have changed 180 degrees. If anyone else has ever encountered this PEBLO briefing guide to military members, pls read below:
"39. QUESTION: As an Air Force member, can I take terminal leave before my disability retirement date?
ANSWER: Once the office of the Secretary of the Air Force has approved the disability separation or retirement and HO AFMPC/DPMADS1 has established an effective date, you may request terminal leave. If your commander approves terminal leave, it will be through the effective retirement or separation date. Your effective date will not be extended in order for you to take additional terminal leave. Any excess leave will be sold back to the Air Force. If you have already sold 75 days leave since 10 Feb 76, your leave cannot be sold but it will not be lost either. The effective date set by HO AFMPC will have already reflected this status and you will be allowed to use your leave.
40. QUESTION: How does the 20 day rule, permissive TDY and terminal leave all tie together?
ANSWER: The following scenarios should clear things up:
a.If you are not eligible for or your commander disapproves the permissive TDY and you are eligible to sell your leave balance, your retirement or separation date will be 20 days from Secretarial Determination of unfitness.
b.If you are not eligible for or your commander disapproves the permissive TDY and you have 20 days leave that you cannot sell, your retirement or separation date will be 40 days from Secretarial Determination of unfitness. .20 (by law) + 20 (Terminal/leave) = 40.
c.If 20 days permissive TDY has been approved and you are eligible to sell all of your leave balance, your retirement or separation date will be 40 days from Secretarial Determination of unfitness. 20 (by law) + 20 (Permissive TDY) = 40.
d. If 20 days permissive TDY has been approved and you have 20 days leave you cannot sell your retirement or separation date will be 60 days from the date of Secretarial Determination of unfitness. 20 (by law) + 20 (Permissive TDY) + 20 (Terminal leave) = 60.
NOTE: Your Commander can approve less than 20 days Permissive TDY, at his/her discretion. 41. QUESTION: So all my leave (up to 75 days) will be sold whether I want to sell it or not? ANSWER: That's right, leave that you are eligible to sell (up to 75 days) will be sold whether that is your desire or not, there are no exceptions."
it is pretty clear--"no exceptions" you are led to believe, no doubt, those to be medically retired are not allowed to take terminal leave--they are required to sell it back--up to 60 (or 75) days of leave.
AFI 36-3212 (2006) states the same thing:
52 AFI36-3212 2 FEBRUARY 2006 5.19.2. If members have not previously sold 60 days of accrued leave after 10 February 1976, they must sell the leave at separation or retirement. Members retiring or separating for disability may use accrued leave that they can not sell back. If they have sold the maximum leave permitted by law, HQ AFPC/DPPD will add their accrued leave to the 20-day processing time (30 days if overseas) to arrive at the final discharge or retirement date (see AFI 36-3003, paragraph 3.13.1)
My PEBLO was very confused on the subject and when failed to ask me about terminal leave on the date I signed off my IPEB, I investigated this with AFPC PEB Legal, AFPC Retirements & Separations, and Jason. This is the old rule. New rule says you are allowed the privilege of terminal leave if medically retired/separated. YOU DO NOT HAVE TO SELL YOUR LEAVE BACK.
It's been a mess cleaning this up--all due to misinformation. Don't get trapped like I almost did. Get a lawyer. Mine just saved me ~$8K in BAH and BAS.