RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03299
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
28 days of leave be restored to his leave account.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was misinformed regarding the disposition of his leave as a result
of accepting a direct commission. He contends that in the course of
outprocessing he was forced to either use his accrued 23 days of leave
or sell it. Additionally, the applicant claims that his terminal
leave and travel days were miscalculated resulting in an additional 5
days of leave being erroneously charged.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on 5
September 1989. He was progressively promoted to the grade of Staff
Sergeant (SSgt/E-5). Applicant was separated effective 26 August
2001 and received a direct commission in the Medical Service Corps on
27 August 2001. Applicant’s terminal leave began on 4 August 2001 and
ran through 26 August 2001 (23 days).
Applicant’s commissioning required a Permanent Change of Station (PCS)
move to Holloman AFB, NM with enroute temporary duty assignments to
Commissioned Officer Training school at Gunter Air Force Station, AL
and Health Services Administration training at Sheppard AFB, TX.
Applicant reported to Holloman AFB, NM on 10 December 2002 and was
charged 5 days advance leave for the period 27 August 2001 through 31
August 2001.
Applicant is currently stationed at Holloman AFB, NM in the Medical
Information Systems Flight and is serving in the grade of 2nd Lt. (O-
1).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSFM recommends denial. Citing guidance from HQ AFPC/DPPRS
publication, Processing Procedures for Prior Enlisted Personnel and
Direct Commissioning Programs, dated 15 May 2000, DPSFM states that
even though the applicant was miscounseled by the Military Personnel
Flight at the losing installation, applicant received all pay and
allowances while on leave and therefore did not lose any leave.
A complete copy of the evaluation is at Exhibit B.
_________________________________________________________________
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. As of this
date, there has been no response received by this office.
_________________________________________________________________
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 an error or injustice. After reviewing the evidence of
record, we are persuaded that the applicant was miscounseled concerning
his leave prior to commissioning. Based on the documentation available,
it also appears that he was not eligible to take the leave in question.
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 records of the Department of the Air Force relating
to APPLICANT be corrected to show that 28 days of leave were added to his
leave account commencing 2 October 2002.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2002-03299 in Executive Session on 9 April 2003, under the provisions
of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Martha Maust, Member
Mr. Billy C. Baxter, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Oct 02, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSFM, dated 21 Nov 02.
Exhibit C. Letter, SAF/MRBR, dated 27 Nov 02.
MICHAEL K. GALLOGLY
Panel Chair
AF | BCMR | CY2003 | BC-2003-01244
His wife and son remained hospitalized until 20 September 2002 and the applicant was ordered to return to Malstrom AFB on 21 September 2002. Consequently, the applicant could have been authorized PTDY for the period that his wife was hospitalized: 4 through 15 July 2002. MICHAEL K. GALLOGLY Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office Of The Assistant Secretary AFBCMR BC-2003-01244 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of...
AF | BCMR | CY2003 | BC-2002-03250
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 | CY2003 | BC-2002-03214
The applicant had a leave balance of 69.5 days at the end of FY02, and lost 9.5 days of leave at that time. The applicant stated in an email that he intended to out-process at the end of September, take 70 days of terminal leave, and sell 5.5 days upon separation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...
AF | BCMR | CY2002 | BC-2002-03214
The applicant had a leave balance of 69.5 days at the end of FY02, and lost 9.5 days of leave at that time. The applicant stated in an email that he intended to out-process at the end of September, take 70 days of terminal leave, and sell 5.5 days upon separation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...
AF | BCMR | CY2003 | BC-2002-03240
AFI 36-3003 requires members to receive payment for up to 60 days accrued leave and affords them time to take any accrued leave in excess of the 60-day limit. Members retiring or separating for disability are authorized to use accrued leave that they cannot sell back as a result of this process. The DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded...
AF | BCMR | CY2004 | BC-2003-02906
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPAE recommends the application be denied. After a thorough review of the applicant’s military records, DPPAE found no documentation to substantiate changing his HOR. However, his application does not convince us that the HOR currently reflected in his records was incorrectly recorded at the time he was initially ordered to active duty.
AF | BCMR | CY2003 | BC-2003-00314
_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Jun 01, for review and response. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that 21 days of leave were added to his leave account commencing 1 October...
AF | BCMR | CY2006 | BC-2006-02061
An action officer was assigned to the request on 16 November 2005. DPSO’s complete evaluation is at Exhibit B. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that 19 days of leave were added to his leave account commencing 2 October 2006.
AF | BCMR | CY2003 | BC-2002-02544
Defense Finance and Accounting Service (DFAS) informally advised that applicant’s leave balance upon departing on Permanent Change of Station (PCS) was 14.5 days; he was charged 29 days leave upon reporting to his new duty station at Mountain Home AFB. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSFM recommends denial and states that applicant was not considered Present for Duty, TDY, PTDY or in an enroute status for the stated period. In...
AF | BCMR | CY2002 | BC-2002-02566
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/DPPCC recommends the application be denied. DPPCC states that, according to the DoD FMR, Volume 7A, Chapter 26, Table 26-3, Rule 1: “If a member is assigned to a permanent station and...