ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01438
INDEX NUMBER: 121.03
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Applicant requests that his accrued leave be transferred from the
active duty Army to the active duty Air Force.
_________________________________________________________________
RESUME OF CASE:
On 2 October 2000, the AFBCMR considered and denied a similar appeal
(Exhibit A through D).
In support of his request for reconsideration, applicant provided a
letter dated 6 December 2000, wherein he stated that he was unable to
respond to the advisory opinion in August 2000 due to his deployment
to Turkey (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration of the evidence of record and the
applicant’s most recent submission, we are not persuaded that he has
been the victim of an error or injustice. Effective 14 July 1976, a
member may elect to receive payment of accrued leave not to exceed a
career total of 60 days. Based on the evidence of record, the
applicant sold 60 days of leave when he was released from active duty
in the Army on September 29, 1982. The applicant’s separation code of
MND, at the time of his separation from the Army on 30 June 1999, does
not indicate a discharge for the purpose of transfer to another branch
of service. This code would have authorized him to sell his accrued
leave but for the fact that he had already sold the maximum allowed by
law, i.e., 60 days in 1982. In view of the foregoing, and in the
absence of evidence to the contrary, we conclude that no basis exists
to change our previous decision to deny the applicant’s request.
The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 8 February 2001, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Laurence M. Groner, Member
Mr. Jay H. Jordan, Member
The following additional documentary evidence was considered:
Exhibit E. Letter, Applicant, dated 6 Dec 00.
WAYNE R. GRACIE
Panel Chair
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AF | BCMR | CY2004 | BC-2003-02190
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