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AF | BCMR | CY1999 | 9801337
Original file (9801337.doc) Auto-classification: Approved

                       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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