RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02831
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Thirty-seven (37) days of annual leave be restored to his leave account.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His May 2000 Leave and Earning Statement (LES) record states that he
received a lump sum payment for 37 leave days. When he reenlisted on 10
Oct 99, at Kadena Air Base, Japan, he did not opt to sell back any leave.
In support of his appeal, the applicant provided a personal statement, a
copy of his May 2000 LES, DD Form 4/1, 4/2, and AFFM 901 (Exhibit A).
___________________________________________________________________
STATEMENT OF FACTS:
The applicant is a member of the Regular Air Force who is currently serving
in the grade of staff sergeant. His Total Active Military Service Date
(TAMSD) is 6 April 1987.
___________________________________________________________________
AIR FORCE EVALUATION:
The Field Operations Branch, AFPC/DPSFM, indicated the applicant stated he
did not elect to sell any leave upon his reenlistment on 18 Oct 99 but lost
the leave after payment was erroneously made for 37 days leave. He was
unable to retrieve the source document (AF Form 1089, Leave Settlement
Option) indicating his election but did provide LESs for the period 1 Oct
99-31 Dec 99 which did not indicate any leave settlement to his account for
that period. His pay account shows that Defense Finance and Accounting
Service (DFAS) inadvertently paid him for 37 days, but later corrected the
error to 35.5 days on 22 May 00.
Although the applicant was unable to produce the original source document,
his LES indicates a possible inaccurate transaction was processed on 22
May. Therefore, DPSFM recommends that DFAS restore 35.5 days leave to the
member’s account and retrieve appropriate leave settlement for 35.5 days
(Exhibit B).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant for
review and response. As of this date, this office has received no response
(Exhibit C).
___________________________________________________________________
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 injustice. After reviewing the documentation
submitted, we are persuaded that it was not the applicant’s intent to sell
leave upon his reenlistment on 18 October 1999. It appears that Defense
Finance and Accounting (DFAS) inadvertently paid the applicant for 37 days
leave, but corrected the error to 35.5 days on 22 May 00. DPSFM recommends
restoring 35.5 days leave to the member’s account. In view of the above
and in the absence of evidence by the applicant showing that the 1.5 days
of annual leave were not restored to his account at the time DFAS corrected
his leave record on 22 May 00, we believe his records should be corrected
to the extent recommended by DPSFM. The applicant should be aware that
approval of his request will result in the recoupment of the monies he was
erroneously paid for the sale of his leave.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that he did not elect to receive cash
settlement for thirty-five and one-half (35.5) days of unused accrued leave
at the time of his enlistment in the Regular Air Force on 10 October 1999
and 35.5 days of annual leave be added to his leave account commencing 2
October 2000.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 1 May 2001, under the provisions of AFI 36-2603:
Mr. Robert W. Zook, Panel Chair
Ms. Brenda L. Romine, Member
Ms. Marcia J. Bachman, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Oct 00 w/atchs.
Exhibit B. Letter, AFPC/DPSFM, dated 19 Mar 01.
Exhibit C. Letter, SAF/MIBR, dated 30 Mar 01.
ROBERT W. ZOOK
Panel Chair
AFBCMR 00-02831
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 APPLICANT, be corrected to show that he did not elect to
receive cash settlement for thirty-five and one-half (35.5) days of unused
accrued leave at the time of his enlistment in the Regular Air Force on 10
October 1999 and 35.5 days of annual leave be added to his leave account
commencing 2 October 2000.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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