RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01337
INDEX CODE 121.03
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Twenty-five (25) days of lost leave be reinstated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not provided an opportunity to use the leave he’d accrued
during the time he was involuntarily separated from the Air Force and
subsequently reinstated “with no break in service” following Special
Selection Board (SSB) action. He lost 17.5 days of leave on 1 Oct 96
when the Denver Finance Center reinstated his 60 days of leave sold at
separation. He lost another 5 days on 1 Oct 97 as he only had five
months in the service to use 30 days of additional accrued leave.
A copy of applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on extended active duty in the grade of
major (Date of Rank: 6 Feb 95).
He had been reinstated to active duty as a result of AFBCMR corrective
action - See Addendum to Record of Proceedings (ROP) at Exhibit B.
The remaining 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.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Commanders’ Programs Branch, HQ AFPC/DPSFC, provides the
details pertaining to applicant’s circumstances, as well as a copy of
the applicable Comptroller General Decision. The Chief gives his
rationale for why he does not support reinstating the requested leave.
A copy of the complete Air Force evaluation, with attachment, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided an electronic mailgram, wherein he states his
reasons for disagreeing with the recommendation of the Air Force.
A copy of applicant’s complete rebuttal is at Exhibit E.
_________________________________________________________________
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 to warrant granting
partial relief. The applicant had been separated because he was twice
nonselected to major. When he left active duty, he received payment
for 60 days accrued leave. However, because a Special Selection Board
(SSB) subsequently selected him for promotion to major, an earlier
Board directed the applicant be reinstated. Technically, this resulted
in his not being discharged on 29 February 1996 but continuing on
active duty “pending further orders.” As a result, he was re-credited
60 days of leave and accrued 17.5 days in Fiscal Year 1996 (FY96). We
believe these 17.5 days should be restored to his current leave
account as this loss seems to have occurred through no fault of the
applicant’s. However, the five days lost in FY97 should not be
restored because, in our view, the applicant had sufficient
opportunity to use his leave. Therefore, 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 17.5 days of leave
were added to his current leave account.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 21 January 1999, under the provisions of AFI 36-
2603:
Mr. Michael P. Higgins, Panel Chair
Dr. Gerald B. Kauvar, Member
Ms. Dorothy P. Loeb, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 98, w/atchs.
Exhibit B. Addendum to Record of Proceedings dated
28 Jan 97, w/atchs.
Exhibit C. Letter, HQ AFPC/DPSFC, dated 4 Jun 98, w/atchs.
Exhibit D. Letter, AFBCMR, dated 22 Jun 98.
Exhibit E. EMail, Applicant, dated 7 Jul 98.
MICHAEL P. HIGGINS
Panel Chair
AFBCMR 98-01337
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 , be corrected to show that 17.5 days of
leave were added to his current leave account.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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