DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC  OCT 2 7 1998 

Office of the Assistant Secretary 
AFBCMR 98-00086 

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: 

itary records of the Department of the Air Force relating t 
be corrected to show that nine (9) days of leave were add 

V 

Air Force Review Boards Agency 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-00086 
COUNSEL:  None 

HEARING DESIRED:  No 

APPLICANT REQUESTS THAT: 
Nine  (9)  days  of  leave  lost  in  Fiscal  Year  1997  (FY97)  be 
reinstated. 

APPLICANT CONTENDS THAT: 
He  lost  9  days  of  leave  because  of  a  disapproved  retirement 
application.  He applied f o r   retirement in Jul 97.  In Sep 97, he 
had  9  days to take; however, he  informed his  commander that he 
would not take all the leave in Sep and only work in Oct then be 
gone in Nov.  On 3 Oct 97, his request for retirement was turned 
down.  The  Air  Force  Personnel Center  (AFPC) had  known  for  2 
months; however, the word was slow getting to him.  Had he been 
notified on time, he would have taken the leave. 
In support of his appeal, the applicant submitted a letter signed 
by his squadron and group commanders and a copy of his Military 
Leave and Earnings Statement. 

Applicant’s 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. 

AFBCMR 98-00086 

AIR FORCE EVALUATION: 

The Chief, Commanders' Programs Branch, AFPC/DPSFC, reviewed this 
application and indicated that the applicant had 60  days of leave 
on 1 Oct 96.  He used 2 1  days of leave and had 69  days on 3 0   Sep 
He  lost  9  days of  leave on 1 Oct  97  because  Section  701, 
9 7 .  
Title  10,  United  States  Code  (USC),  precludes  members  from 
carrying  over  more  than  6 0   days  into  the  next  FY. 
While 
applicant contends that he would have taken the 9  days if he had 
known earlier of the retirement disapproval, this is not a valid 
reason to carry over more than 60  days of leave into the next FY. 
Section  701,  Title  10,  USC,  requires  members  to  take  leave 
annually  as  accruing  to  the  extent  consistent  with  military 
requirements.  When members plan to take terminal leave starting 
in NOV,  they must  take  all  accrued  days  in excess  of  60 days 
before  1 Oct.  In  this  case, DPSFC  cannot  find  the  Air  Force 
culpable  because  military  necessity  was  not  the  cause  for the 
lost leave.  They recommend denial of applicant's request. 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit B. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

Applicant reviewed the Air Force evaluation and  indicated that, 
at no point in his request did he state that the leave was to be 
used  for  terminal  leave. 
He  had  plenty  of  terminal  leave 
available and he was aware of the 60-day limit for roll-over from 
FY to FY.  His main point is that AFPC related to him on 3 Oct 97 
that they knew approximately 2 months earlier that his retirement 
request was going to be disapproved and had he been notified in a 
timely manner, he  would  have  had  ample  time  to  take his  leave 
prior  to 30 Sep  97. 
He did  not  take  the  leave because  he was 
supposed to start his terminal leave on 1 Nov  97  and he did not 
want to be gone for 9  days in Sep, work Oct, and then be gone for 
good in Nov.  He did this in the best interest of his unit.  With 
AFPC notifying him  only 28  days prior  to  starting his terminal 
leave, but  being  aware  of  the  decision to  deny  his  retirement 
request 2  months earlier, he does not feel that he should be made 
to  suffer this  loss.  At  his  current  grade, and  including his 
entitlements, 9 days of  leave are worth  $859.88  and  this  is a 
substantial loss for trying to do the right thing. 
Applicant's  complete response is attached at Exhibit D. 

2 

AFBCMR 98-00086 

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.  The 
applicant  has  provided  a  statement  from  his  commander  and 
indorsed by  his group  commander indicating that he  applied for 
retirement to be effective 1 Feb 98  and for his terminal leave to 
start on 3  Nov  9 7 .   He did not take the contested leave in the 
month of  Sep with the best  intentions for the  squadron knowing 
that as of 3  Nov 97, he would be gone for good.  However, within 
30  days  of  his  scheduled  terminal  leave,  his  retirement  was 
disapproved  by  AFPC.  We  note  that  AFPC  knew  approximately  2 
months earlier that his retirement was not going to be approved; 
however, the applicant was not notified of the disapproval until 
28 days prior  to starting his  terminal  leave and  did  not  have 
It  was 
ample  time  to  take  his  leave  prior  to  30 Sep  9 7 .  
adequately demonstrated that the applicant tried to schedule his 
leave judiciously.  Contrary to  the Air  Force  evaluation which 
suggests  the  applicant  gambled  that  there  would  be  no 
contingencies to preclude taking leave by the end-of-year leave 
balancing, we find that the applicant tried to schedule his leave 
diligently during the time that would have been available to him 
but was not notified in a timely manner that his retirement was 
disapproved.  Absent  evidence  to  the  contrary, we  find  in  the 
applicant’s favor and recommend that 9 days of leave be restored 
to his account. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that nine  ( 9 )  days of 
leave were added to his current leave account. 

The following members of the Board considered this application in 
Executive Session on 8 October 1998, under the provisions of AFI 
36-2603: 

Ms. Charlene M. Bradley, Panel Chair 
Ms. Patricia D. Vestal, Member 
Mr. Joseph G .   Diamond, Member 
Mrs. Joyce Earley, Examiner  (without vote) 

3 

AFBCMR 98-00086 

All  members  voted  to  correct  the  records,  as  recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 5 Jan 98, w/atchs. 
Exhibit B.  Letter, AFPC/DPSFC, dated 21 Jan 98. 
Exhibit C.  Letter, AFBCMR, dated 2 Feb 98. 
Exhibit D.  Letter fr applicant, undated. 

4 

& CHARLENE M. rn.ddy 

BRADLEY 

.. 

1 

Panel Chair 

4 

DEPARTMENT O F  T H E  AIR  FORCE 

HEADQUARTERS AIR  F O R C E P E R S O N N K L C E N T E R  

RANDOLPH  AIR  FORCE BASE TEXAS 

MEMORANDUM FOR  AFBCMR 
FROM:  HQ AFPCDPSFC 

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

SUBJECT:  Application for Correction of Military Records 

>

.

 

Requested Action and Basis for Request.  Reinstate 9 days lost at FY97 year-end 

balancing.  Applicant states he lost these days because of a disapproved retirement application. 

Facts and Discussion. Applicant had 60 days 1 Oct 96, used 21 days, and had 69 days on 
30 Sep 97.  He lost 9 days on 1 Oct because Title 10 USC 701 precludes members fiom carrying 
over more than 60 days into the next FY.  He states he did not take the 9 days in Sep because he 
was planning to take them as terminal leave starting in Nov in conjunction with retirement. 
AFPC disapproved his retirement application on 3 Oct and applicant states he would have taken 
the 9 days if he had know earlier of the disapproval, However, this is not a valid reason to carry 
over more than 60 days into the next FY.  Title 10 USC 704 requires members to take leave 
annually as accruing to the extent consistent with military requirements.  When members plan to 
take terminal leave starting in Nov, they must take all accrued days in excess of 60 days before 1 
Oct.  In this case, we cannot find the Air Force culpable because military necessity was not the 
cause for the lost leave. 

Recommendation.  Deny because 60 days are the maximum number of days members can 

carry over into the next FY under Title 10 USC 701.  If the AFBCMR decides to grant relief, 
restore 9 days to current leave account. 

//  5 ’ / G b 5 &  // 

Chief, Commanders’ Programs Branch