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AF | BCMR | CY1998 | 9703230
Original file (9703230.pdf) Auto-classification: Approved
. 

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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