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AF | BCMR | CY2002 | 0103002
Original file (0103002.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-03002
            INDEX CODE:  121.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he did not sell 12  days  of  leave
on 11 June 85.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he outprocessed from the Air Force he was informed that he  could  only
sell back 48 days of his 57.5 days  of  leave  because  his  finance  record
indicates he sold 12 days of leave on 11  Jun  85.   On  that  date  he  had
recently completed  medical  school,  during  which  time  he  had  been  on
Indefinite Reserve  Status  for  4  years.   His  last  leave  and  earnings
statement (LES), dated 15 May  85,  indicates  that  he  did  not  have  any
accrued leave.  The LES for July 1985 indicates that he entered active  duty
on 12 Jun 85 with 4.5 days of accrued leave.  He was in transit and did  not
receive a June LES.  He has no record of being paid for leave  and  did  not
have any accrued leave to sell on 11 Jun 85.

In  support  of  his  request,  applicant  provided  a  personal  statement,
accounting  and  finance  printouts,  his  July  1985   LES,   his   Reserve
Appointment Order, a Service Data Computation Worksheet, and  his  Statement
of Service.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a captain, Reserve of the Air  Force  on  20 Apr  85
and was voluntarily ordered to extended active duty on 12 Jun  85.   He  was
progressively promoted to the grade of  lieutenant  colonel  having  assumed
that grade effective and with a date of rank of 20  Apr  97.   He  separated
from the Air Force on 1 Oct 01.  He served 16 years, 3 months, and  20  days
on active duty.

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 requested.  DPSF states that although he  provided  a  copy  of
his May 1985 and July 1985 LES, the information that  would  easily  resolve
the issue would be on his June 1985 LES, which he did not receive.  The  May
1985 LES reflects that he had 0 days of leave as of 15 May  85.   If  that's
the case, it becomes obvious that he could not have sold  12  days  a  month
later and it must be assumed that his pay  records  are  wrong.   The  DPSFM
evaluation is at Exhibit C.

DFAS-POCC/DE reviewed  applicant's  request  and  recommends  denial.   DFAS
states that an examination of his Reserve records  from  1981  through  1985
shows that he sold 4 days of leave on 31 Aug 81, 4 days on 30 Jul 82, and  4
days on 12 Sep 84.  The 12 days were carried forward to his active duty  pay
record as previously sold leave.  The 11 Jun 85 date is not the actual  date
he sold the leave, but is one day prior to his  reenlistment  date,  12  Jun
85.  The DFAS evaluation, with attachments, is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the DPFSM evaluation was forwarded to the applicant on  7  Dec  01
and a copy the DFAS evaluation was forwarded on 20 Feb 02,  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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  probable  error  or  injustice.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we agree with the opinion and recommendation  of  the  Defense  Finance  and
Accounting Service (DFAS) and adopt their rationale as  the  basis  for  our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.  Therefore, in the absence of evidence to the contrary,  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  Docket  Number  01-03002  in
Executive Session on 10 Apr 02, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Albert F. Lowas, Jr., Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 5 Dec 01.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Dec 01.
    Exhibit E.  Letter, DFAS-POCC/DE, dated 13 Feb 02, w/atchs.
    Exhibit F.  Letter, SAF/MRBR, dated 20 Feb 02.





                                             CHARLENE M. BRADLEY
                                             Panel Chair

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