*-. *
IN THE MATTER OF: m DOCKET NO: 97-03451
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
COUNSEL: NONE
HEARING DESIRED: YES
AUG 2 1
Applicant requests that his records be corrected that he did not
sell 40 days of leave at the time of his separation and that 40
days leave be restored to his current leave account. Applicant's
submission is at Exhibit A.
The appropriate Air Force offices evaluated applicant's request
and provided advisory opinions to the Board recommending the
application be denied (Exhibit C). The advisory opinions were
forwarded to the applicant for review and response (Exhibit D).
Applicant has provided a response (Exhibit E).
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been adequately rebutted by
applicant.
Absent persuasive evidence applicant was denied
rights to which entitled, appropriate regulations were not
followed, or appropriate standards were not applied, we find no
basis to disturb the existing record.
Accordingly, applicant's request is denied.
The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Mr. Thomas S. Markiewicz, Mr. Henry Romo
Jr., and Mr. Walter J. Hosey, considered this application on
19 August 1998, in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.
-
Panel Chair
Exhibits:
A . Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D.
E. Applicant's Response
AFBCMR Ltr Forwarding Advisory Opinion
DEPARTMENT O F THE A I R FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
8 8 JAN 1998
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCDPSFC
550 C Street West, Ste 37
Randolph AFB TX 78 150-4739
SUBJECT: A
lication for Correction of Military Records -- m
Requested Action and Basis for Request. Allow applicant to repay payment for 40 days’
accrued leave and restore the 40 days to the leave account. Applicant states finance did not
inform him of the method used to compute payment of accrued leave.
Facts and Discussion. Since 1976, finance uses basic pay to compute payment for
accrued leave. Accrued leave is payable when members separate without immediate reentry on
active duty. Finance carries it forward if they reenter active duty immediately upon separation.
Applicant separated on 15 May 97 under the Palace Chase program. AFPC assigned him to the
Reserves on 16 May in order to accept a Reserve commission. The system shows reentry on
active duty on 17 May. Applicant states he elected to wait and reenter active duty in order to
benefit by getting some extra cash and lower his leave balance to avoid losing any leave at the
end of the FY. He now wants to repay the money received for the accrued leave and wants the
40 days restored to his leave account. He states finance did not inform him there would be a
28% deduction in federal income tax. He also did not know he would lose money in allowances.
In this case, the applicant purposely elected not to reenter active duty immediately afler
separation to receive payment for accrued leave. We cannot find the Air Force culpable.
Recommendation. Defer to the DFAS to determine whether finance should have
informed the applicant regarding the method of payment for accrued leave and whether applicant
can repay the money received to restore 40 days.
Chief, Commanders’ Programs Branch
9703451
. . . . - . .
DEFENSE FINANCE AND ACCOUNTING SERVICE
DENVER CENTER
6760 E. IRVINGTON PLACE
DENVER, COLORADO 80279
DFAS-DE/FYCC
FfB
1 3 1936
MEMOMDUM FOR AIR FORCE BOARD FOR CORFSCTION OF MILITARY RECORDS
ATTN: AFBCMR
SUBJECT: Application for Correction of Military Records
We examined the application for correction of military
records for
Since we are unable to take action to administratively provide
the relief sought, we are forwarding it for your consideration.
The applicant is requesting to repay 40 days of lump sum
leave and that the 40 days be restored to his leave account. The
applicant has filed a timely request.
The applicant separated from the.Air Force on May 15, 1997,
and reentered active duty in the
May 17, 1997. Upon separation from the Air Force, the applicant
received a payment for the 40 days of accrued leave in the amount
of $ 5 , 3 3 0 . 0 0 , less deductions.
Air National Guard on
According to the Department of Defense Financial Management
Regulation, Volume 7A, Table 35-1, members who separate from the
military without immediate reentry on active duty are paid
accrued 'leave. Because the applicant elected a break in service,
the finance office was correct in paying the accrued leave.
Considering this information, we find there has not been an error
or injustice. We recommend denial of the applicant's request.
Our address is DFAS-DE/FYCC, 6760 East Irvington Place,
Denver, Colorado 80279-7100.
and he may be reached at DSN
t of cont
Chiefy-Claims Branch
Directorate of Debt and Claims
Management
9703451
- ... . .
I " AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ' JUL 2 4 1998 IN THE MATTER OF: DOCKET NO: 98-00643 COUNSEL: NONE HEARING DESIRED: NO Applicant requests that he be paid for accrued leave not verified on his DD Form 214. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The applicant claims that he did not take this leave and did not receive payment...
Many evacuees who took an advance later received a waiver of one month's basic pay and did not have to repay the advance. DFAS-DE/FYCC EVALUATION: The Chief , Claims Branch, DFAS-DE/FYCC, evaluated this and confirms that the applicant was stationed at rom 10' November 1989 through 9 June 1991. was advanced $ 1991 while he was stationed a A complete copy of the evaluation is at Exhibit B.
Applicant's The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). Available Master Personnel Records C. Advisory Opinion D. AFBCMR Ltr Forwarding Advisory Opinion DEFENSE FINANCE AND ACCOUNTING SERVICE DENVER CENTER 6760 E. IRVINGTON PLACE DENVER, COLORADO 80279 DFAS- DE / FYCC MEMORANDUM FOR AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS ATTN: AFBCMR SUBJECT: Application for...
DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary AFBCMR 98-01 024 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: E cords of the Department of the Air Force relatin , be corrected to show that on 9...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). Available Master Personnel Records C. Advisory Opinion D. SAF/MIBR Ltr Forwarding Advisory Opinion DEFENSE FINANCE AND ACCOUNTING SERVICE DENVER CENTER 6760 E. IWINGTON PLACE DENVER, COLORADO 80279 DFAS-DE/FYCC MEMORANDUM FOR AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS ATTN: AFBCMR SUBJECT: Application for Correction of...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C ) . The applicant is requesting several actions we will address the one requesting the Board restore him to the rank of Airman Second Class. - Based upon the information provided we are forwarding this application for correction of military records without recommendation.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. Applicant is stating t h a t he s o l d 20 days of leave back to the United States Air Force upon separation August 16, 1997, but was never paid for the leave nor...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action, The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant. IRVINGTON...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). Available Master Personnel Records C. Advisory Opinions D. AFBCMR Ltr Forwarding Advisory Opinions LeROY T. BASEMAN Panel Chair DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE PERSONNEL CENTER RANDOLPH AIR FORCE BASE TEXAS DEC 0 4 I997 U.S. AIR FORCE B 1 9 4 7 - 1 9 9 7 MEMORANDUM FOR AFBCMR FROM: HQ AFPC/DPPRS 550 C Street West...
DEPARTMENT OF THE AIR FORCE WASHINGTON, DC 2 4 JUL 1998 Office of the Assistant Secretary AFBCMR 97-02785 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: application was partially approved by competent authority in the amount of $78 1.25. rds of the Department of the Air Force relating...