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
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