RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01065
INDEX CODE 121.03
COUNSEL: No
HEARING DESIRED: No
APPLICANT REQUESTS THAT:
The monetary loss he suffered upon retirement due to the 13 days
excess leave error be corrected.
APPLICANT CONTENDS THAT:
He went through all the proper channels for terminal leave. As far as
he knew, everything was fine until the 1 January 1999 pay period. Due
to the 13 days excess leave error, he lost over $1500 in pay.
In support is a letter from the 27th Fighter Wing at Cannon AFB, NM,
which provides a synopsis of circumstances.
The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letters prepared by
the 27th Fighter Wing at Cannon AFB (Exhibit A) and the appropriate
office of the Air Force (Exhibit B). Accordingly, there is no need to
recite these facts in this Record of Proceedings.
AIR FORCE EVALUATION:
The Chief, Field Activities Division, HQ AFPC/DPSF, discussed the
facts of the case and provided the rationale for recommending that
partial relief be granted, i.e., reducing the number of excess leave
days from 13 to 5.
A complete copy of the evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation’s recommendation for partial
relief and asserts that, despite his efforts, he was given erroneous
information. He does not believe his 20 years of service should be
rewarded with such a serious miscalculation that resulted in a
monetary loss.
The applicant’s complete response 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 partial
relief. The applicant owed the government for 13 days excess leave
upon his retirement on 1 January 1999. The finance service office was
partly at fault for the monetary loss because it failed to note that
days in excess of 60 days are lost if not taken before 1 October.
However, the applicant was also partly at fault because his monthly
leave and earning statement reminds him of the days he will lose
unless taken before 1 October. Therefore, we believe the Air Force’s
suggested partial relief is an appropriate compromise and recommend
the applicant's 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 he was in terminal
leave status from 23 September through 11 December 1998, and in
permissive temporary duty status from 12 through 31 December 1998.
The following members of the Board considered this application in
Executive Session on 14 December 1999, under the provisions of AFI 36-
2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Ms. Patricia D. Vestal, Member
Ms. Melinda J. Loftin, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Apr 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSF, dated 5 May 99.
Exhibit D. Letter, AFBCMR, dated 17 May 99.
Exhibit E. Letter, Applicant, dated 27 May 99.
PATRICIA J. ZARODKIEWICZ
Panel Chair
The applicant provided a rebuttal dated 23 Feb 99. Based on the applicant’s appeal and at the request of HQ AFMC/DO, HQ AFMC/JA performed another legal review on 12 Mar 99 and concluded that the FEB findings and recommendations were legally sufficient and recommended denial of the applicant’s request for a new FEB. A review of the FEB transcripts and exhibits by HQ AFMC/JA shows no reason to believe that the board did not properly weigh all testimony presented in this case.
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