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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