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AF | BCMR | CY2001 | 0001438A
Original file (0001438A.doc) Auto-classification: Denied

                            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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