RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01132
            (CASE 4)
            INDEX CODES:  121.03, 128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The 42 days of leave he lost be restored.

He receive Reserve pay for 33 periods of inactive duty training (IDT).

_________________________________________________________________

APPLICANT CONTENDS THAT:

(DD Form 149 dtd 16 Jul 01 - A1)

He lost 15 days of ordinary  leave  due  to  working  in  a  one  deep
position, and 27 days of ordinary leave was charged to terminal leave.

In support of his appeal, the applicant provided  copies  of  AF Forms
988, Leave Request/Authorization, excerpts from AFI 36-3003, his leave
and earning statement, and other documents associated with the  matter
under review.

Applicant’s complete submission, with attachments, is at Exhibit A1.

(DD Form 149 dtd 19 Jul 01 - A2)

He was denied a Category B (CAT B) Reserve  assignment  with  the  Air
Force Office of Special Investigations (AFOSI).

No pay was received for 33 periods of IDT.

In support of  his  appeal,  the  applicant  provided  copies  of  his
separation and enlistment documents, his application for Ready Reserve
Assignment, personal statements, letters from the Office  of  the  Air
Force Reserve Director of Personnel, a letter of  recommendation,  and
AF Forms 40A, Record of Individual Inactive Duty Training.

Applicant’s complete submission, with attachments, is at Exhibit A2.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 20 Feb 86 for a  period
of four years, in the grade of sergeant.  He was ordered  to  extended
active duty on 1 Jun 94 for 48 months.

On 31 May  98,  the  applicant  was  honorably  discharged  under  the
provisions of AFI 36-3208 (Completion of Required Active Service).  He
was credited with 4 years of active duty service.  On 1  Jun  98,  the
applicant reenlisted in the Air Force Reserve  for  a  period  of  six
years.

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant was voluntarily ordered to extended active duty  on
26 Sep 01.  He is currently serving on active duty  in  the  grade  of
senior master sergeant.

On  12  Dec  01,  the  Board  considered  and  denied  an  application
pertaining to the applicant,  requesting  that  he  be  reinstated  to
active duty effective 1 Jun 98, with back pay and benefits.

On  12  Dec  01,  the  Board  considered  and  denied  an  application
pertaining to the applicant, requesting that he be paid for 14 days of
active duty and travel for the period of 8 Sep 98 through 25 Sep 98.

On 6 Mar 02, the Board considered and denied an application pertaining
to the applicant, requesting that his records  be  corrected  to  show
that he reenlisted within 90 days of his expiration  term  of  service
(ETS) of 31 May 98.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommended denial of the applicant’s request for Reserve pay
for his IDTs.  ARPC/DPA noted that prior to the applicant’s separation
from active duty on 31  May  98,  a  paid  Selected  Reserve  (SELRES)
position was not available.  The applicant was assigned  to  a  points
only program, the Ready Reserve Personnel Section (RRPS) from 1 Jun 98
to 10  Dec  98.   This  allowed  the  applicant  to  continue  Reserve
affiliation and participation for points only until  a  paid  position
could be located in his Air Force Specialty Code.

ARPC/DPA noted the applicant’s claim that he attempted  to  obtain  an
administrative position with  the  AFOSI  in  Swansea,  IL.   ARPC/DPA
indicated that according to HQ USAF/REP letter, dated  16 Feb  99,  no
documentation was found showing the applicant requested an  assignment
or one was approved by AFOSI.  Although the applicant states  “Reserve
assignment with HQ AFOSI was  denied  and  not  processed,”  HQ  AFOSI
checked with their  JA  and  recruiting  offices  and  determined  the
applicant was never assigned to the AFOSI and never had  a  background
investigation started to allow him to enter the AFOSI’s IMA program.

According to ARPC/DPA, the applicant was fully aware of the assignment
to RRPS and that it  was  a  points  only  category  as  evidenced  by
correspondence dated Jun 98 and Oct 98,  when  he  was  searching  for
SELRES positions.  The applicant  also  submitted  five  AF  Fm  40As,
Record of Individual Inactive Duty Training and checked the  “non-pay”
block which shows the applicant was aware training was being performed
in a non-pay status.

ARPC/DPA indicated that a review of  the  applicant’s  AF  Forms  526,
ANG/USAFR Point Credit Summary, for retention/retirement years closing
out on 23 Jun 98 and 23 Jun 99 reflected that he was credited  for  30
non-paid IDTs between  16  Jun  98  through  4 Sept 98,  the  time  in
question.  The AF Fm 526, which closed out on 23 Jun 99,  did  reflect
one non-pay IDT performed on 27 Aug 98, one non-pay IDT  performed  on
28 Aug 98, and one non-pay IDT performed on 31 Aug 98, as annotated on
the AF Form 40A dated 31 Aug 98.  According  to  ARPC/DPA,  they  have
updated the applicant’s point credit record to correctly  reflect  the
three non-paid IDTs that were not credited previously.

A complete copy of the ARPC/DPA evaluation, with  attachments,  is  at
Exhibit C.

ARPC/DPS recommended denial of the applicant’s request for restoration
of 42 days of lost leave.   ARPC/DPS  noted  that  on  30 Sep 97,  the
applicant had accrued 75 days of leave.  Air Force  Instruction  (AFI)
36-3003, Paragraph 10.1, states that a member will lose leave over  60
days at the end of the fiscal year.  Therefore, on 1 Oct 97, his leave
balance dropped to 60 days.  As the member was nearing his  separation
date, he had a leave balance of 72 days.  On 19 Mar 98, the  applicant
requested 27 days of terminal Leave, the request was approved and  the
leave was taken.  After his terminal leave, he had  a  balance  of  45
days, which he sold back when he was discharged on 31 May 98.

According to ARPC/DPS, the applicant lost 15 days of leave.   AFI  36-
3003 does provide  for  Special  Leave  Accrual  (SLA)  under  certain
circumstances which allows a member to carry a balance of more than 60
days at the end of the fiscal year.  In ARPC/DPS’ view, the  applicant
does not meet any of the specific criteria which allows for  SLA.   In
addition, AFI 36-3003 stipulates that even if a member does  meet  the
criteria for SLA, they no longer qualify if  three  (3)  fiscal  years
have passed since they lost leave.

ARPC/DPS noted the applicant’s  claim  that  he  was  in  a  one  deep
position and was not able to take leave.  However, ARPC/DPS  indicated
that there was no evidence that he ever had any leave requests denied.
 In fact, his supervisor encouraged him to take leave and  offered  to
send a person in to fill his position during leave periods.

A complete copy of the ARPC/DPS evaluation,  with  attachment,  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  22
Mar 02 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 portion of  the  application  pertaining  to  the  applicant’s
request that he receive Reserve pay for 33 periods of IDT  was  timely
filed.

3.  The portion of  the  application  pertaining  to  the  applicant’s
request that 42 days of leave he  lost  be  restored  was  not  timely
filed; however, it is in the interest of justice to excuse the failure
to timely file.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   The  applicant's  complete
submissions were thoroughly reviewed and  his  contentions  were  duly
noted.   However,  we  do  not  find  the  applicant’s  uncorroborated
assertions, in and of themselves, sufficiently persuasive to  override
the  rationale  provided  by  the  Air  Force   offices   of   primary
responsibility (OPRs).   Therefore,  in  the  absence  of  substantial
evidence to the contrary, we agree with the recommendation of the OPRs
and adopt their rationale as the  basis  for  our  decision  that  the
applicant has failed to sustain his burden of establishing that he has
suffered  either  an  error  or  an   injustice.    Accordingly,   the
applicant’s requests are not favorably considered.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
01132 in Executive Session on 9 May 02, under the provisions of AFI 36-
2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Mr. James E. Short, Member
      Mr. Charlie E. Williams, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Forms 149, dated 16 Jul 01 and 19 Jul 01,
                w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPA, dated 8 Mar 02, w/atchs.
    Exhibit D.  Letter, ARPC/DPS, dated 12 Mar 02, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Mar 02.




                                   LAWRENCE R. LEEHY
                                   Panel Chair