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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