.
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
Nup 1 6 79913
DOCKET NUMBER: 9 7 - 0 3 2 3 0
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected by restoring 27 days of leave.
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
_ -
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
~
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letters
prepared by the appropriate offices of the Air Force Office of
Primary Responsibility (OPR) . Accordingly, there is no need to
recite these facts in this Record of Proceedings.
AIR FORCE EVALUATION:
Refueling Squadron,
ficer will proceed from-
The Commander s Programs Branch, HQ AFPC/DPSFC, reviewed the
application and states that applicant's orders read "Upon
Air Force Base (AFB),
-Air
Air Base
, report not later than date (RNLTD) 30 April
IlEarly reporting authorized, delay in excess of travel
1997.
time authorized is chargeable as leave." Applicant had household
goods picked up between 7 and 11 April and departed on port call
date 20 April 1 9 9 7 .
AFPC/DPSFC defers to AFPC/DPPAES to
determine if applicant was given a 30 April 1997 RNLTD so he
could take leave en route or could have had an earlier port call
to avoid a negative leave balance. They recommend that 10 days
of leave be restored to applicant's current leave account if it
is determined that applicant could have departed on an earlier
port call.
A complete copy of the Air Force evaluation is attached at
Exhibit B.
The Chief , Skills Management Branch, HQ AFPC/DPPAES, states that
applicant is not contesting the extended active duty(EAD) order.
Contrary to the AFPC/DPSFC advisory, the issue of whether or not
applicant could have departed early is already addressed in his
EAD order as quoted. Therefore, they have no further action or
comments that would be relevant to this case.
A copy of this Air Force evaluation is attached at Exhibit C.
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
The applicant reviewed the Air Force evaluations and submits a
statement, which is attached 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
warranting favorable consideration to the applicant's request.
We note that at the time applicant was ordered to extended active
duty, he was required to attend a training course prior to
reporting to his new duty station. The course graduation date
was 28 March 1997 and his report not later than date (RNLTD) to
his new duty station, was 30 April 1997. However, applicant
graduated early from his training course. We note that the order
authorized early reporting and that a delay in excess of travel
time was chargeable as leave. However, it appears that the
applicant could have been placed in a casual status as he was not
allowed to remain at the base where his training occurred and
could not return to his previous Reserve unit, the Inactive
Status List Reserve Section (ISLRS) , which was an inactive duty
status. Also, he was required to wait for a port call date and a
date to pick up his household goods. Therefore, we believe it
was somewhat unfair to the applicant to be charged leave due to
the circumstances which were beyond his control. In an effort to
relieve what we believe is an injustice to the applicant, we
recommend the applicant's records be corrected to the extent
indicated below.
2
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that twenty-seven
(27) days of leave be added to his current leave account.
The following members of the Board considered this application in
Executive Session on 29 September 1998, under the provisions of
AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Richard A . Peterson, Member
Mr. Patrick R. Wheeler, Member
All members voted to correct the records, as recommended.
following documentary evidence was considered:
The
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E. Applicant's Letter, undated.
DD Form 149, dated 14 Oct 97, w/atchs.
Letter, HQ AFPC/DPSFC, dated 31 Oct 97.
Letter, HQ AFPC/DPPAES, dated 10 Dec 97.
Letter, AFBCMR, dated 22 Dec 97.
d&L/kdu/y
VAU HN E. SCHLUN
Panel Chair
3
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-03230
-
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 Department of the Air Force relating to
be corrected to show that twenty-seven (27)
eave account.
Air Force Review Boards Agency
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