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AF | BCMR | CY2001 | 0100876
Original file (0100876.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  01-00876
                                        INDEX CODE 121.01  121.03
                                        COUNSEL: No

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for all  leave,  pay,  and  allowances  for  28  days
charged as excess leave.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He specifically asked if he would be able to take all 97 days of leave
while in terminal leave status; no one told him he would lose leave at
the end of the fiscal year (1 Oct 00).

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is requesting pay for 28 days of excess leave.  In their
advisory (Exhibit C), HQ AFPC/DPSFM notes that the applicant lost  25,
not 28, days.  Pursuant to a telephonic inquiry by the  AFBCMR  Staff,
DFAS-DE/POCC informally confirmed on 23 Jul 01 that the applicant lost
25, not 28, days of leave in Fiscal Year 2000.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Field Operations Branch, HQ AFPC/DPSFM, reviewed the appeal
and advised that the applicant had 85 days of leave as of 30  Sep  00.
Since a member can carry over no more than  60  days  of  leave  in  a
fiscal year, the applicant lost 25 days of leave on 1 Oct 00.  He  was
in excess leave status effective 5 [sic] Dec because he  lost  the  25
days of leave. [DPSFM advised telephonically that the date “5 Dec  00”
is in error and should be  “6 Dec  00.”]   The  Chief  recommends  the
applicant be repaid all  pay  and  allowances  discontinued  while  in
excess leave status and be paid for the 25 days of lost leave.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  1
Jun 01 for review and comment within 30 days.  As of this  date,  this
office has received no 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 to warrant relief.  Based
on  the   HQ   AFPC/DPSFM   advisory   and   DFAS-DE/POCC’s   informal
confirmation, it appears that the applicant was in excess leave status
for 25 days, not 28 days  as  he  contends.   The  applicant  has  not
demonstrated that he did, in fact, lose 28 days nor  has  he  rebutted
the Air Force’s assertion that the total number of days was 25.  Based
on the Air Force’s rationale and suggested relief, it appears he  will
be afforded full relief if 25 days of leave are restored to his  leave
account commencing on 1 Oct 00 and he is carried  in  regular,  rather
than excess, leave status. Therefore,  we  recommend  his  records  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 twenty-five (25) days
of leave were added to his leave account commencing 1 Oct 00,  and  he
was in regular, rather than excess, leave status during the  period  6
Dec 00 through 31 Dec 00.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 15 August 2001, under the provisions of  AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Ms. Mary C. Johnson, Member
                  Mr. Michael V. Barbino, Member

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

   Exhibit A.  DD Form 149, dated 23 Mar 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 21 May 01, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 1 Jun 01.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR 01-00876




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 twenty-five (25)
days of leave were added to his leave account commencing 1 October
2000, and he was in regular, rather than excess, leave status during
the period 6 December 2000 through 31 December 2000.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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