RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01902
INDEX NUMBER: 128.10
XXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
___________________________________________________________________
APPLICANT REQUESTS THAT:
The one-half day non-accrual penalty he was assessed for excess
terminal leave be removed.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His terminal leave was incorrectly calculated by his servicing
accounting and finance office and subsequently missed by their
auditors and by his servicing orderly room.
The non-accrual penalty should not apply to him because the error
in computing his leave was not made by him.
The applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant separated from the active Air Force on 30 Sep 99 and
went into the Nonobligated Nonparticipating Ready Reserve Section
effective 1 Oct 99. The applicant was on terminal leave from 17
through 30 Sep 99 which the Defense Finance and Accounting Service
later determined was two and one-half days more than he had
actually accrued.
___________________________________________________________________
AIR FORCE EVALUATION:
The Field Operations Branch, AFPC/DPSFM, evaluated this application
and recommends denial of the applicant’s request. The applicant
was advised to provide statements from his servicing accounting and
finance office explaining how they were responsible for
miscalculating his terminal leave (attached). The applicant failed
to do so. He did, however, provide a statement from his commander
indicating that they both thought he had a sufficient balance to
cover the leave granted (attached).
The complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation was forwarded to the applicant
on 3 Nov 00 for review and response within 30 days. To date, the
applicant has not provided a response.
___________________________________________________________________
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. The Board was
persuaded by the support provided to the applicant by his commander
that he did in fact believe he had sufficient leave balance to
cover the leave requested. The Board was not convinced that it was
entirely the applicant’s fault that he was granted more leave than
he actually had and believes that any doubt should be resolved in
the applicant’s favor. Therefore, the Board recommends that the
record be corrected as 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 the penalty he
incurred for being in an excess terminal leave status be waived.
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 4 January 2001, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Christopher Carey, Member
Mr. Dale O. Jackson, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jul 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSFM, dated 20 Oct 00, w/atch.
Exhibit D. Letter, SAF/MIBR, dated 3 Nov 00.
DAVID C. VAN GASBECK
Panel Chair
AFBCMR 00-01902
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 XXXXXXXX. XXXXXX, XXX-XX-XXXX, be corrected to
show that the penalty he incurred for being in an excess terminal
leave status be, and hereby is, waived.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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