RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-02747
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated for 60 days of leave sold.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was miscounseled by the accounting & finance office that all leave sold
would be tax exempt.
The applicant states that if he had known the leave would be taxable; he
would not have sold his leave. He would have used it as terminal leave
prior to his retirement.
In support of his appeal, the applicant provided a statement by the
Superintendent, Financial Services Office, and other documentation.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of master
sergeant, with a date of rank of 1 December 1994
Applicant contracted his initial enlistment on 14 July 1977. He continued
to reenlist, contracting his last enlistment on 27 February 1997. The
applicant reenlisted in the Regular Air Force and sold 60 days of leave.
The applicant has an established Date of Separation (DOS) of 26 February
2001.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Claims Branch, Directorate of Debt and Claims Management, DFAS-
DE/FYCC, reviewed the application and states that the applicant voluntarily
cashed in 60 days leave upon his reenlistment in February 1997. Leave
regulations preclude changing of lump sum leave paid except in cases of
reinstatement. Since the applicant reenlisted and continued on active
duty, they cannot reinstate his sold leave. Therefore, they recommend
denial of applicant’s request.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 16
March 1998, for review and response within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 probable error or injustice. After reviewing the evidence
submitted with this appeal, it appears that applicant was miscounseled in
regard to his selling of leave being tax exempt. Since the applicant was
miscounseled and he is aware that he will be required to repay the sum he
received for the leave sold, we recommend his records be corrected to the
extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that upon his reenlistment in the
Regular Air Force on 27 February 1997, he did not receive cash settlement
for sixty (60) days leave and sixty (60) days of leave be added to his
leave account commencing 1 October 1998.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 16 June 1998, under the provisions of AFI 36-2603:
David W. Mulgrew, Panel Chair
Joseph G. Diamond, Member
Frederick R. Beaman III, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 September 1997, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-DE/FYCC, dated 13 February 1998.
Exhibit D. Letter, SAF/MIBR, dated 16 March 1998.
DAVID W. MULGREW
Panel Chair
AFBCMR 97-02747
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 the Memorandum for the
Chief of Staff, dated 28 July 1998, be, and hereby is, declared void and
removed from his records.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR 97-02747
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 upon his reenlistment in
the Regular Air Force on 27 February 1997, he did not receive cash
settlement for sixty (60) days leave and sixty (60) days of leave be added
to his leave account commencing 1 October 1998.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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