DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-00744 

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: 

rtment of the Air Force 
be corrected to show that 
on 4 November 1996, but 
on that date, his enlistment of 5 November 1990 was extended for a period 
of 61 days and he continued on active duty in a terminal leave status until 
4 January 1997, on which date he was released from active duty and 

transferred to the Reserve of the Air Force. &.a 

Director 
Air Force Review Boards Agency 

v -  

R 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  9 7 - 0 0 7 4 4  
COUNSEL:  None 
HEARING DESIRED:  NO 

MV  0 4 1991 

APPLICANT REUUESTS THAT: 
Sixty-One (61) days of leave be restored to his leave account. 

He  went  Temporary  Duty  (TDY)  to  Haiti  from  1 9   May  1 9 9 6   to 
13 August 1 9 9 6   and was unable to use his leave. 
In support of his request, he submitted a copy of his Leave and 
Earnings Statement and a copy of his TDY orders to Haiti. 

His complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

The relevant facts pertaining to this application, extracted from 
the  applicant's military  records, are  contained  in  the  letter 
prepared  by  the  appropriate  office  of  the  Air  Force. 
Accordingly,  there  is  no  need  to  recite  these  facts  in  this 
Record of Proceedings. 

AIR FORCE EVALUATION: 

Commander's Programs Branch, AFPC/DPSFC, reviewed the application 
and stated that the entitlement to payment for accrued leave in a 
military  career  may  not  exceed  60  days. 
The  applicant  is 
contending  he  was  TDY  to  Haiti  in  support of  Operation  UPHOLD 
DEMOCRACY 1 9   May-13 August  96  and was unable to use all  accrued 
leave upon return from TDY and before 4 November 1 9 9 6 .   He had 6 0  
days on 1 October 1 9 9 6   and used only 2 days  (1-2 Oct  9 6 )   before 
his  release from active duty on 4 November  1 9 9 6 .  
He was  on  2 0  
days PTDY 15 Oct  -  3 Nov  96.  Title  10 USC  requires members to 
take  leave  annually  as  accruing  to  the  extent  consistent with 
military requirements.  When members accumulate large amounts of 
accrued leave, they risk losing it  if they are unable to use it 
before they separate or retire.  The applicant forfeited 61 days' 
unused leave because of previous payment for the maximum  60 days 

authorized under Title 3 7  UCS.  DPSFC stated they could not find 
that  an  error  or  injustice  caused  the  forfeiture  of  61  days; 
therefore, they cannot find the Air Force culpable. 

The complete evaluation is at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

The applicant reviewed the evaluation and  responded that during 
his  16  years  and  1  month  tenure  with  the  USAF,  he  sold  the 
allotted 60 days early on in his military career.  And, he took 
at  least 30 days each year so that he wouldn't risk losing it. 
He  had  plans  to  burn  his  leave  but  his  commander made  other 
plans.  She selected him  to go TDY for 87 days.  She was well 
aware of the fact that he had to burn this leave and couldn't do 
so if  he  went  on this TDY.  While  in Haiti  the  commander said 
anyone  TDY  in  country more  than  6 0   consecutive days  would  not 
lose any days per  a  DOD Message  that  had  came  out.  He  began 
using his leave when he returned and also went to separations to 
see if his DOS could be  extended to accommodate his use of  the 
leave.  He pointed out that according to AFI 3 6 - 3 0 0 3 ,   members may 
accrue  up  to  90  days  leave  if  they  were  assigned  to  an 
operational mission at the national level which Operation UPHOLD 
DEMOCRACY was.  He asked for favorable consideration by the Board 
on this matter. 

His complete response is at Exhibit E. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 

2.  The application was timely filed. 

3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate the existence of probable error or injustice.  After 
thoroughly  reviewing  this  application,  the  Board  majority  is 
persuaded that applicant should be reimbursed for his lost leave. 
It  appears that  applicant projected using  his  leave before  the 
end of the fiscal year.  However, due to mission requirements to 
support Operation Uphold/Maintain Democracy, he was unable to use 
his total projected  leave.  Since applicant has previously sold 
the maximum amount of leave authorized by law, he could not sell 
his  accrued  leave  when  he  separated. 
In  view  of  these 
circumstances, the  majority  of  the  Board  believes  his  records 
should be corrected to the extent indicated below. 

2 

AFBCMR 97-00744 

. 

.

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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  not 
released  from the Regular Air  Force on 4 November  1996,  but  on 
that date, his enlistment of  5  November  1990 was extended for a 
period of  61 days and he  continued on active duty in a terminal 
leave status until 4 January 1997, on which date he was released 
from active duty and transferred to the Reserve of the Air Force. 

The following members of the Board considered this application in 
Executive Session on 7 August  1997,  under the provisions of AFI 
36-2603: 

Mr. Oscar A. Goldfarb, Panel Chairman 
Mr. Thomas S. Markiewicz, Member 
Ms. Sophie A. Clark, Member 
Ms. Kay Byrne, Examiner (without vote) 

Mr.  Markiewicz  and  Ms.  Clark  voted  to  correct  the  records, as 
recommended.  Mr. Goldfarb voted  to deny but  did not  desire to 
submit a minority report.  The following documentary evidence was 
considered: 

Exhibit A.  DD Form 149, dated 4 Mar 97 with atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPSFC, dated 19 Mar 97. 
Exhibit D.  Letter, AFBCMR, dated 14 Apr 97. 
Exhibit E.  Applicant's Letter, postmarked 10 May 97. 

OSCAR A. GOLDFARB 
Panel Chairman 

3 

AFBCMR 97-00744 

D E P A R T M E N T  OF  T H E  A I R   F O R C E  

H E A D Q U A R T E R S   AIR  FORCE  P E R S O N N E L C E N T E R  

R A N D O L P H   AIR  F O R C E  B A S E  T E X A S  

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPSFC 

550 C Street West Ste 37 
Randolph AFB TX  78 150-4739 

1 9 4 7 -  1 9 9 7  

1 9 MAR  1997 

SUBJECT:  Application for Correction of Military Records 

Requested Action and Basis for Request.  Payment for 61 days of accrued leave he 

forfeited when released from active duty on 4 Nov 96.  Applicant states he forfeited these days 
because he had already received payment for the maximum 60 days and because he could not 
take all accrued leave before 4 Nov 96. 

Facts and Discussion.  Entitlement to payment for accrued leave in a military career may 

not exceed 60 days (Title 37. U.S.C. 501).  Records show payment for the maximum 60 days 
accrued leave (30 days on 4 Oct 84 and 30 days on 27 Sep 88).  Applicant states he was TDY to 
Haiti in support of Operation UPHOLD DEMOCRACY 19 May4 3 Aug 96 and was unable to 
use all accrued leave upon return from TDY and before 4 Nov 96.  He had 60 days on 1 Oct 95 
and used 30 days during FY96.  He had 60 days on 1 Oct 96 and used only 2 days (1-2 Oct 96) 
before his release from active duty on 4 Nov 96.  He was on 20 days PTDY  15 Oct - 3 Nov 96. 
Title  10 U.S.C. 704(b)(3) requires members to take leave annually as accruing to the extent 
consistent with military requirements.  When members accumulate large amounts of accrued 
leave, they risk losing it if they are unable to use it before they separate or retire.  In this case, 
applicant forfeited 61 days’ unused leave because of previous payment for the maximum 60 
days authorized under Title 37 U.S.C. 501.  We could not find that an error or injustice caused 
the forfeiture of 61 days; therefore, we cannot find the Air Force culpable. 

Recommendation.  Deny since, under Title 37 U.S.C. 501, payment for accrued leave 

may not exceed 60 days. 

Commander’s Programs Branch 
Dir of Customer Assistance