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AF | BCMR | CY2001 | 0001902
Original file (0001902.doc) Auto-classification: Approved

                       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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