RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00259
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Five and a half (5.5) days of leave be restored to his account.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He believed that he had zeroed-out his FY00 leave before reporting for his
current remote assignment in June 2000 to Greece. His Leave and Earning
Statements (LES) were not delivered to him in Greece, and despite numerous
dealings with the Aviano AB Finance office to fix other personal pay
issues, he was unaware of the additional leave days accruing. Computer
“screen shots” sent to him to resolve these pay issues did not include the
Leave Block normally associated with the LES, so he had no warning of the
pending loss.
In support of his appeal, the applicant provided a letter from the CAOC7
Deputy Commander requesting restoration of the applicant’s lost leave
(Exhibit A).
___________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of major and
is assigned to duty at Larissa, Greece.
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letter prepared by the
appropriate office of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
___________________________________________________________________
AIR FORCE EVALUATION:
The Field Operations Branch, AFPC/DPSFM, indicated the applicant departed
PCS from Edwards AFB, CA on 4 Jun 00 enroute to Greece.
His leave balance was reduced to 60 days at the end of FY00 (65.5
- 5.5 = 60). The Defense Joint Military Pay System (DJMS) drops accrued
leave in excess of 60 days at FY-end unless automatic carry over of the
leave applies. The applicant was not authorized carry over. Absent any
additional justification, DPSFM has no recourse but to deny the applicant’s
request.
A complete copy of this evaluation is at 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, the Board majority is persuaded that the applicant had used all
of his leave necessary to preclude the loss of leave for the FY 2000 before
reporting to his remote assignment in Greece in June 2000. In arriving at
its decision the Board majority took note of his Deputy Commander’s
statement that Leave and Earning Statements were not available in Greece
and that the applicant was not able to take all the leave needed. In view
of the above and the totality of the circumstances of this case, we believe
any doubt in this matter should be resolved in the applicant's favor.
Accordingly, the Board majority believes that his records should 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 5.5 days of annual leave were 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
Ms. Romine and Ms. Bachman voted to grant the application. Mr. Zook voted
to deny the appeal without submitting a Minority Report. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Dec 00, w/atchs.
Exhibit B. Letter, AFPC/DPSFM, dated 12 Mar 01.
Exhibit C. Letter, SAF/MIBR, dated 23 Mar 01.
ROBERT W. ZOOK
Panel Chair
AFBCMR 01-00259
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 5.5 days of annual leave
were added to his leave account commencing 2 October 2000.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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