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AF | BCMR | CY2002 | 0101853
Original file (0101853.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01853 (Case 2)
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS:

Correction of excess leave [8.5 days] charged upon his retirement.
_________________________________________________________________

APPLICANT CONTENDS THAT:

When he went to the Finance Office to out-process, he asked  that  his
leave days be computed so he  would  have  a  zero  leave  balance  in
conjunction with his retirement.  He was informed that he  could  take
70 days of terminal leave and 20 days of permissive TDY, with 4  extra
days to sell back at the end of his terminal leave.   The  information
he received was incorrect; therefore, he was charged 8 days of  excess
leave (24-31 Oct 00).

In support of his request, the applicant submits a personal statement,
with attachments, copies of his Jun and  Oct  00  Leave  and  Earnings
Statement (LES) and additional documents associated  with  the  issues
cited in his contentions.  The applicant’s complete  submission,  with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
8 Oct 80.  He was relieved from active duty in the grade of  technical
sergeant (E-6) on 31 Oct 00 and retired, effective 1 Nov 00.   He  had
completed a total of 20 years  and  23  days  of  active  service  for
retirement.

The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are contained  in  the  letters
prepared by the appropriate offices of the Air Force at Exhibits C and
D.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPSFM   recommends   the   application   be   approved.    An
investigation confirmed that the  applicant  was  given  an  incorrect
leave balance and that he was not aware he was going into excess leave
status.  In accordance with AFI 36-3003, paragraph 4.4.2, members  who
establish that an error by the Air Force caused them to lose leave are
entitled to restoration of the leave days.  DPSFM recommended the debt
be remitted or waived.  The applicant  should  receive  full  pay  and
allowances associated with being placed in 8 days of excess leave  (no
pay) status.  The HQ AFPC/DPSFM evaluation is at Exhibit C.


DFAS-POCC/DE recommends the application be denied.  The applicant’s 12
days of leave (10-21 Jul 00) was not posted to his leave account until
21 Jul 00 and was not considered when he  was  inadvertently  informed
that he could take 20 days of permissive  TDY,  70  days  of  terminal
leave, and be paid for the remaining days of leave at retirement.   He
was charged 8.5 days of excess leave (7.5 days plus 1 day penalty) and
pay and allowances in the amount  of  $771.99  for  excess  leave  was
collected from his final separation pay.  AFI 36-3003, paragraph 4.4.2
does not apply to the applicant since he did not lose leave at the end
of a fiscal year and a military necessity did not  preclude  him  from
taking leave.  The applicant had over 20 years of active  service  and
should have reasonably known what his leave balance  was.   The  DFAS-
POCC/DE evaluation, with attachment, is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on  19
Oct 01 for review and response.  As of this date, no response has been
received by this office (Exhibit E).
_________________________________________________________________

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  facts  and
circumstances of this  case,  we  agree  with  the  assessment  of  HQ
AFPC/DPSFM and adopt their rationale as the  basis  for  our  decision
that the applicant has been the  victim  of  an  injustice.   In  this
respect, we  note  that  a  preliminary  investigation  confirmed  the
applicant  was  improperly  counseled  regarding  his  leave  balance.
Inasmuch as the base finance office  miscounseled  the  applicant,  he
should not be penalized for the  excess  leave  he  was  charged.   We
therefore conclude that the applicant’s records should be corrected to
the extent recommended below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

      a.    On 1 July 2000, 7.5 days of leave were added to his  leave
account.

      b.    At the time of his release from active duty on  31 October
2000, he was not charged excess leave and the charge of excess  leave,
deducted from his separation pay, be reimbursed.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 5 December 2001, under the provisions of AFI  36-
2603:

                  Benedict A. Kausal IV, Panel Chair
                  John B. Hennessey, Member
              Thomas J. Topolski Jr., Member

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

   Exhibit A.  DD Form 149, dated 24 Jun 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 28 Aug 01.
   Exhibit D.  Letter, DFAS-POCC/DE, dated 3 Oct 01, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 19 Oct 01.




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair


AFBCMR 01-01853




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:

      a.    On 1 July 2000, 7.5 days of leave were added to his leave
account.

      b.    At the time of his release from active duty on 31 October
2000, he was not charged excess leave and the charge of excess leave,
deducted from his separation pay, be reimbursed.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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