RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02799
            INDEX CODE:  121.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to sell back to the Government the balance of his  leave
as of 31 July 2000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has already sold the maximum number of leave days allowed.  Due  to
circumstances beyond his control, he could not utilize all  his  leave
prior to retiring.  He had originally planned to utilize  all  of  his
leave in conjunction with his  retirement.   He  had  completed  leave
request forms  and  had  his  leave  denied  by  his  commander.   The
Government  had  him  on  administrative  hold,  and  denied  him  the
opportunity to take his leave prior to retiring.  He  states  that  he
should be allowed the opportunity to sell the remainder of  his  leave
to the Government and not lose it, due to his request for leave denied
and his retirement being granted honorably.

In support of the appeal, applicant submits leave request forms signed
by his  commander,  and  denying  his  request  for  leave.   Also,  a
statement from his First Sergeant, who was aware of  his  request  for
leave and being denied the opportunity to utilize all his leave he had
accrued.

Applicant's complete submission is attached 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 appropriate offices of the Air Force.  Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Field  Operations  Branch,   AFPC/DPSFM,   reviewed   the
application and states that in  accordance  with  Title  10  USC  701,
members cannot sell more than a cumulative  total  of  60  days  leave
during a military career.  Applicant sold the maximum number of  leave
days allowed during his career.  Therefore, they recommend  denial  of
applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

The Retirement Programs & Policy Section,  AFPC/DPPRRP,  reviewed  the
application and states that based on the information provided to  them
by  applicant’s  MPF/Orderly  Room   telephonically,   applicant   out
processed on 10 June 2000 and was on terminal  leave.   Applicant  was
still on leave according to the first sergeant on 11 July 2000, but he
was not sure if applicant had completed a leave form  (AF  Form  988).
They further state that there are too  many  inconsistencies  in  this
member’s  case  to  clearly  substantiate  any  error  or   injustice.
Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 June 2001, complete copies of  the  Air  Force  evaluation  were
forwarded to applicant for review and response within 30 days.  As  of
this date, no response has been received by this office.

_________________________________________________________________

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  relief.   Due
to an investigation, applicant was denied the opportunity  to  use  38
days of leave prior  to  his  retirement  on  1  August  2000.   After
reviewing the circumstances surrounding  the  leave  in  question,  we
believe that the applicant should be compensated for 38 days of leave.
However, since the applicant received payment for 60 days of leave, we
are precluded by Title 37, Section 501, from granting the  applicant’s
request as stated.  We considered extending his  mandatory  retirement
date for one month under the provisions of  Title  10,  United  States
Code, Section 637.  However, the  retired  pay  he  received  and  any
civilian wages he may have earned during that period would offset  the
dollar amount of the 38 days of leave, thereby reducing the  immediate
“value” of the relief given.  More importantly we did  not  feel  this
remedy to be in the best fiscal interests of the Air Force.   In  this
regard, extending the applicant’s retirement date by one  month  would
credit him for time not served  and  would  essentially  result  in  a
windfall of increased retired pay for the rest of his life--the  total
of which could ultimately exceed the monetary value  of  the  lost  38
days.  Therefore, in an effort to afford the applicant full, yet fair,
relief for the loss of  38  days  of  leave,  we  recommend  that  the
applicant’s records be corrected as set forth below.  In  arriving  at
our decision, we contacted the Defense Finance and Accounting  Service
(DFAS-DE) and they determined that in order to provide  applicant  pay
for 38 days he would need to be placed  in  a  temporary  duty  status
(TDY) for 18.75 days  to  Patrick  AFB,  FL.   We  believe  that  this
recommended correction provides the applicant with proper relief.

_________________________________________________________________

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  temporary
duty status at Patrick AFB, FL, for 18.75 days  beginning  on  5  July
2000.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 16 August 2001, under the provisions of  AFI  36-
2603:

                  Mr. Jackson A. Hauslein, Panel Chair
                  Mr. Roscoe Hinton, Jr., Member
              Mr. Lawrence R. Leehy, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 Sep 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSFM, dated 31 May 01.
   Exhibit D.  Letter, AFPC/DPPRRP, dated 5 Jun 01, w/atchs.
   Exhibit E.  Letter, AFBCMR, dated 15 June 01.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair







AFBCMR 00-02799
INDEX CODE:  121.03



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, be corrected to show that he was in temporary  duty
status at Patrick AFB, FL, for 18.75 days beginning on 5 July 2000.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency