RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00919
            INDEX CODE:  121.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Two periods of leave, 10 - 15 May 2001 and 22 - 25 May 2001, be restored  to
his leave account.

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APPLICANT CONTENDS THAT:

On 8 May 02, he completed two leave forms for  the  aforementioned  periods.
The two periods of leave should have  been  time  off  and  not  charged  as
leave.  The forms were filled only  in  case  of  emergency,  as  chargeable
leave would then be required.   Normally  the  forms  would  remain  in  the
flight commander’s desk and torn up upon  his  return.   Somehow  they  were
sent to  the  administration  office  for  processing  without  his  or  his
commander’s knowledge.

After his retirement he received a  notice  from  the  Defense  Finance  and
Accounting Office (DFAS) that indicated he was in  debt  to  the  government
for $4,531.80.  After an investigation into the indebtedness he figured  out
that it was due to the two erroneously charged leave forms.

In support of his request applicant provided a personal statement, a  letter
from  his  former  commander;  and,  copies  of  his  AF  Form  988,   Leave
Request/Authorization.  His complete submission,  with  attachments,  is  at
Exhibit A.

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STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Reserve of the  Air  Force,
on 4 Jun 75.  He was voluntarily ordered to extended active duty on  12  Aug
76.  He was progressively promoted  to  the  grade  of  lieutenant  colonel,
having assumed that grade effective and with a date of rank  of  1  Jul  93.
On 1 Sep 01, he voluntarily  retired  from  the  Air  Force  for  length  of
service.  He served 25 years and 19 days on active duty.

Applicant departed on terminal leave from 23 Jun 01 through 31 Aug 01.   His
leave balance at the time of his departure was 54.5 days.  At  the  time  of
his retirement, he had a negative leave balance  of  -11.5  days.   His  pay
records show that he was due payment of $4338.58 at retirement; however,  he
was paid $8,870.38.

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AIR FORCE EVALUATION:

AFPC/DPSFM  reviewed  applicant’s  request  and  recommends  denial.   DPSFM
states that there is no allowance in AFI 36-3003,  Leave  and  Liberty,  for
"off time."  When not present for duty or temporary duty (TDY), members  are
either on pass or on leave.  Unit commanders are allowed to award members  3
or 4 day special passes, but not longer.  Leave forms  are  not  filled  out
for members who are on a pass.  There is no provision that allows  a  member
to fill out a leave form, take leave, and then only process the form  if  an
emergency happens.  It is clear and evident that  he  was  not  present  for
duty on 10 - 15 May and 22 - 25 May 2001.  Nor was he TDY or  on  a  special
pass.  It is apparent that he knew he should actually be in a  leave  status
during the period as he completed the leave forms to be  processed  only  in
the case of an emergency.  These actions may rise to such a level that  they
could be considered fraudulent.  In any case it is patently  clear  that  no
error occurred and he suffered no injustice.  The  DPSFM  evaluation  is  at
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the  entire  intent  of  his  being  absent  from  his
squadron was to be off as in not chargeable leave.  If he thought  he  would
have been charged leave, he would not  have  left  the  squadron.   The  Air
Force advisory has a very good point that there is no  allowance  for  "off-
time" provided in the AFI.  The limits on off time  should  be  expanded  to
our commanders and their hands should not be tied.  Occasionally  there  are
moments that fall outside the boundaries of our  AFIs  and  good  commanders
figure out ways to adapt and overcome.  There are commanders that take  care
of their careers and then there are commanders that want to be good  leaders
and managers.  This means taking good care of  the  people,  especially  the
ones that walk the extra mile to keep  the  squadron  functioning  normally.
He reiterates that if he thought he would have been charged leave, he  would
not have left the base.  His complete submission is at Exhibit D.
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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 error or injustice.  After a thorough review of  the  available
evidence of record and the applicant's  submission,  we  are  not  persuaded
that the requested relief is warranted.   We  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  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.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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.

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The following members of the Board  considered  Docket  Number  02-00919  in
Executive Session on 18 Jul 02, under the provisions of AFI 36-2603:

      Mr. Albert F. Lowas, Jr., Panel Chair
      Mr. Mike Novel, Member
      Ms. Marilyn Thomas, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 15 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 02.
    Exhibit E.  Letter, Applicant, dated 5 Jun 02.




                                             ALBERT F. LOWAS, JR.
                                             Panel Chair