Search Decisions

Decision Text

AF | BCMR | CY2002 | 0200028
Original file (0200028.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00028
            INDEX NUMBER:  121.03

      XXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

Five days of leave he was charged, but did not request, be restored.

_______________________________________________________________

APPLICANT CONTENDS THAT:

His commander submitted a leave form charging him for five  days  leave
without his knowledge or concurrence.

He did not request, sign, or agree to the leave he was charged for  the
period 24-28 Sep 01.

He was assigned to a different unit when the leave form was processed.

The applicant’s complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on  active  duty  in  the  grade  of
master sergeant.  The remaining relevant facts pertinent to  this  case
are contained in the evaluation prepared by the appropriate  office  of
the Air Force at Exhibit C.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommends denial of the applicant’s request.  The applicant
contacted his commander to find out why  he  was  charged  leave.   The
applicant indicated that his commander did not recall  the  details  of
the charged leave.  When contacted by AFPC/DPSFM, the  commander  still
did  not  recall  the  details,  however,  after   talking   with   his
administrative support staff, he recalled the situation.  The commander
indicated that he did not  remember  having  a  conversation  with  the
applicant regarding his last workday, but does recall  the  applicant’s
outprocessing date of 28 Sep 01.  The commander indicated that  it  was
customary  for  his  personnel  to  take  five  days  prior  to   final
outprocessing to take care of things they needed to do.  The  commander
did not find out until later that the applicant did  not  depart  until
after 4 Oct 01.  He further states that the applicant did not call  and
inform him of the changed outprocessing date and that he never saw  the
applicant at work again.  The commander indicated that  he  thought  it
was inappropriate for the applicant to stay home for nine workdays  and
not call the office or report for duty when his final outprocessing was
delayed by a week.  The commander then had his  administrative  support
staff complete the necessary leave forms and had them write in  “member
not available to sign” since the applicant had already departed.

AFPC/DPSFM indicate that they believe the  commander  exercised  proper
judgement and acted within his authority.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates in his response what  steps  he  had  taken  in
contacting his commander to get information on the charged  leave.   He
indicates that he was the superintendent of his unit and was not  aware
of any unit policy establishing a set number of days for  outprocessing
and that the pilots in PCS status typically took 10  to  14  days.   He
further states that his commander could account for his whereabouts  up
until the day of his departure.  The  applicant  asks  that  the  Board
consider the fact that he is a Senior NCO with 18 years of service  and
understands the standards of accountability.

The applicant’s complete response is at 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 error or injustice.  The Board was  persuaded  by
the  detailed  account  of  events  provided  by  the  applicant.   The
commander’s apparent lack of recall of the circumstances that  led  him
to charge the applicant leave also caused the Board some  concern.   It
also did not appear that any effort was made by the commander  or  unit
personnel to contact the applicant to report  for  duty  if  there  was
concern over his whereabouts.  The decision  to  charge  the  applicant
leave after the fact, without any notification, and without giving  him
an opportunity to address any concerns the commander may have had could
be perceived as an injustice.  Therefore, to eliminate any  possibility
of an injustice, we recommend that the applicant’s 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 five (5) days of  leave
were added to his account commencing 2 October 2001.

_______________________________________________________________

The following members of the Board considered Docket Number 02-00028 in
Executive Session on 2 April 2002, under the provisions of AFI 36-2603:

      Ms. Patricia D. Vestal, Panel Chair
      Mr. Michael K. Gollogly, Member
      Mr. Robert S. Boyd, Member

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

     Exhibit A.  DD Form 149, dated 27 Dec 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPSFM, dated 20 Feb 02.
     Exhibit D.  Letter, SAF/MIBR, dated 22 Feb 02.
     Exhibit E.  Letter, Applicant, undated.




                                   PATRICIA D. VESTAL
                                   Panel Chair


AFBCMR 02-00028


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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show that
five (5) days of leave were added to his account commencing 2
October 2001.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00120

    Original file (BC-2003-00120.doc) Auto-classification: Denied

    His Master Military Pay account reflects he sold 60 days of leave on 29 November 1983. DPSFM states that the applicant’s master military pay account reflects he sold 60 days of leave on 29 November 1983. Exhibit C. Letter, SAF/MRBR, dated 28 Mar 03.

  • AF | BCMR | CY2003 | BC-2002-03250

    Original file (BC-2002-03250.doc) Auto-classification: Denied

    The AFPC/DPSFM evaluation is at Exhibit C. AFPC/DPPD recommends the application be denied. Based on these calculations, DPPD believes that the applicant was not denied any accrued leave through 9 September 2002, the time of his placement on the TDRL. In addition, the Disability Retirement Date Calculator correctly projected the accrued leave up until the established retirement date.

  • AF | BCMR | CY2001 | 0102250

    Original file (0102250.doc) Auto-classification: Approved

    AFBCMR 01-02250 INDEX NUMBER: 121.03 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36- 2603, the applicant's records will be corrected as set forth in...

  • AF | BCMR | CY2001 | 0101304

    Original file (0101304.doc) Auto-classification: Approved

    AFBCMR 01-01304 INDEX CODE: 121.03 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: SSAN: Having carefully reviewed this application, we agree with the recommendation of the Air Staff and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the accompanying Memorandum for the...

  • AF | BCMR | CY2002 | 0201379

    Original file (0201379.doc) Auto-classification: Approved

    The information states that pets are permitted entry into the Azores provided they receive a certificate of rabies vaccination at least 30 days and not more that 12 months before departure. According to AFPC/DPSFM, the applicant was provided a copy of the PPCI, which clearly outlined the requirements for taking pets to the Azores. ROSCOE HINTON, Jr. Panel Chair AFBCMR 02-01379 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for...

  • AF | BCMR | CY2003 | BC-2002-02090

    Original file (BC-2002-02090.doc) Auto-classification: Approved

    The complete evaluation is at Exhibit C. AFPC/DPPRRP also recommends that the applicant be compensated for five days of leave. The complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 Oct 02 for review and comment within 30 days. The Board agrees with the recommendations of the Air Force offices of primary responsibility to...

  • 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 | CY2000 | 0002429

    Original file (0002429.doc) Auto-classification: Approved

    INDEX CODE: 121.03 AFBCMR 00-02429 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: APPLICANT Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in...

  • AF | BCMR | CY2002 | BC-2002-03299

    Original file (BC-2002-03299.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 27 November 2002 for review and comment within 30 days. Based on the fact that the applicant did not want to take the leave, we recommend his records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military...

  • AF | BCMR | CY2003 | BC-2002-03627

    Original file (BC-2002-03627.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2002-03627 INDEX CODE 123.01 123.08 121/03 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His records be cleared of deserter status, the 29 Aug-5 Sep 02 period of lost time be changed to hospitalization, and he be paid for 9.5 days of lost leave and two days (16-17 Oct 02) of work. In retrospect, it is...