Search Decisions

Decision Text

AF | BCMR | CY2001 | 0101328
Original file (0101328.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01328
            INDEX CODE:  121.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Twenty-four days of leave be reinstated to his leave account.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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  Chief,  Field  Operations  Branch,   AFPC/DPSFM,   reviewed   the
application and states that the service member's pay file indicates he
sold back 54 days of leave on 21 June 1981.  The applicant provided an
AF Form 1089, which the member completes at the time of  reenlistment.
The information on the form is provided  by  the  member  and  is  not
verified by any source documents.   The  member's  leave  and  earning
statement reflects how much leave a member has sold in a  career  each
month.  Based on the information reflected  in  his  pay  file,  DPSFM
recommends denying the applicant's request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 6 July 2001, for review and response.  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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  Applicant’s contentions
are duly noted; however, we agree with the opinion and  recommendation
of the Air Force and adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  In this respect, the applicant's pay file  indicates  that
he sold and was paid for 54 days of leave on 21 Jun 81.  The  AF  Form
1089 provided by applicant is duly noted; however, this  document  was
completed by the applicant at the time of reenlistment and he provided
no source documents to verify the information on  the  form.   As  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered this application  on  20
Sep 2001 under the provisions of AFI 36-2603:

                 Mr. Teddy L. Houston, Panel Chair
                 Mr. Roscoe Hinton, Jr., Member
                 Mr. Roger E. Willmeth, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 May 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSFM, dated 3 Jul 01.
   Exhibit D.  Letter, SAF/MIBR, dated 6 Jul 01




                                   TEDDY L. HOUSTON
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2001 | 0002866

    Original file (0002866.doc) Auto-classification: Approved

    Since filing his appeal, he has been promoted to the grade of SRA with a DOR of 15 Feb 01. The remaining relevant facts pertaining to this appeal are contained in the applicant’s military records (Exhibit B), and the letters prepared by the appropriate offices of the Air Force (Exhibits C, D and E). TEDDY L. HOUSTON Panel Chair AFBCMR 00-02866 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and...

  • AF | BCMR | CY2001 | 0002831

    Original file (0002831.doc) Auto-classification: Approved

    ___________________________________________________________________ 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. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be...

  • AF | BCMR | CY2013 | BC-2013-00483

    Original file (BC-2013-00483.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00483 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment contract and AF Form 1089, Leave Settlement Option be amended to allow him the opportunity to sell back 30 days of accrued leave. In Jul 12, the Kadena MPF changed the date of his reenlistment contract to reflect 14 Sep 11 (his...

  • AF | BCMR | CY2003 | BC-2003-00415

    Original file (BC-2003-00415.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He had accumulated 58 days of leave when he left active duty to enter the AFROTC program. Prior service members who attend AFROTC and fulfill their obligations to AFROTC, Air Force Reserves and the Air Force should have their unused leave reinstated. DOD Financial Management Regulation directs payment for accrued leave upon discharge up to the 60-day maximum limit.

  • AF | BCMR | CY2002 | 0103002

    Original file (0103002.DOC) Auto-classification: Denied

    The LES for July 1985 indicates that he entered active duty on 12 Jun 85 with 4.5 days of accrued leave. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate offices of the Air Force at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSFM reviewed applicant's request and recommends that his records be corrected as...

  • AF | BCMR | CY1999 | 9801473

    Original file (9801473.doc) Auto-classification: Denied

    After his retirement, he was informed he could not sell 60 days of leave because he had sold 54 days in 1978/1979 as an enlisted member. A copy of the complete evaluation is at Exhibit C. The Retirements Branch, HQ AFPC/DPPRR, advises that there is no provision in AFI 36-3203 to extend an approved retirement for the sole purpose to be paid for accrued leave or to take terminal leave. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded he...

  • AF | BCMR | CY2012 | BC-2012-04532

    Original file (BC-2012-04532.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial, indicating there is no evidence the applicant requested or wanted to sell back leave at the time he extended for retraining. Because this was his first extension, he was authorized to sell back a maximum...

  • AF | BCMR | CY2013 | BC-2013-00901

    Original file (BC-2013-00901.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00901 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: The sixty (60) days of leave he sold at the time of his reenlistment be rescinded. In support of his request, the applicant provides copies of his AF Form 1089, Leave Settlement Option; DD Form 4, Enlistment/Reenlistment Document – Armed...

  • AF | BCMR | CY2001 | 0002799

    Original file (0002799.doc) Auto-classification: Approved

    _________________________________________________________________ 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. A complete copy of the evaluation, with attachments, is attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...

  • AF | BCMR | CY2001 | 0002818

    Original file (0002818.doc) Auto-classification: Approved

    Should the board void the report entirely, or upgrade his EPR closing 31 Aug 99, the applicant will be entitled to supplemental promotion consideration for cycle 00E7 promotion cycle to master sergeant. A complete copy of the advisory is attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 10 August 2001, for review and response within...