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AF | BCMR | CY1998 | BC-1997-02747
Original file (BC-1997-02747.doc) Auto-classification: Approved


                            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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