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AF | BCMR | CY2003 | BC-2001-03543
Original file (BC-2001-03543.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-03543
            INDEX CODE:  121.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid for 12.0  days  of  accrued  leave  that  he  earned  while
performing 135 consecutive days of active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He earned the leave by fulfilling his obligations for  completing  the
tours in a successful manner.  He wasn’t afforded the time to take the
leave due to duty obligations and time constrictions.   Once  he  left
duty status, the leave was erased, and he wasn’t eligible to use it at
a later date.  He applied for the leave, it was approved,  and  turned
into the proper pay office while he was on duty status.

The applicant provided no evidence in support of his appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information  extracted  from  the  Military  Personnel   Data   System
indicates that the applicant is an active enlisted member of  the  Air
Force Reserve  who  is  currently  serving  in  the  grade  of  master
sergeant.  As of the Retirement Year  Ending  1  April  2002,  he  was
credited with 18 years, 11 months and 24 days of satisfactory  Federal
service.

Other  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.

_________________________________________________________________



AIR FORCE EVALUATION:

AFRPO/FMFQ-P states that the duty was a combination  of  two  Military
Personnel Appropriation (MPA) tours from 25  November  -  31  December
2000 and  1  January  -  30  March  2001  and  one  Reserve  Personnel
Appropriation (RPA) tour from 31 March - 13 April 2002.

Normal procedure is that he would be paid for the 12.0 days of  unused
leave but he has already sold 57.5  days  of  leave  in  his  military
career and was not in support of a contingency operation.  However, he
is entitled to receive 2.5 days of pay.  The remaining balance of  9.5
days would exceed the maximum ceiling of 60.0 of leave days sold in  a
military career as prescribed in  the  DODFMR,  Volume  7A,  paragraph
3501A.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  Air  Force  evaluation  and  states  that  his
contention is still maintained that he earned the leave by  completing
the duty and was afforded the time to take the twelve  days  of  leave
due to fulfilling his duty obligations.  He worked  the  symposium  as
was needed at the time by HQ AFSPC/SF personnel.  He was never given a
choice of working versus taking leave by any personnel.   He  followed
orders and did what was needed to complete these consecutive tours  of
duty in a professional manner.

Applicant states minus two months, since November 2000 he  has  worked
for the military as part of the mobilized IMA force.  He was  supposed
to have just helped out in  November  2000  for  thirty  days  with  a
preoperational readiness inspection.  He would just like the  benefits
he earned and is entitled to by fulfilling the USAF’s obligations.

Applicant's  complete  response,  with  attachments,  is  attached  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 error or  injustice  to  warrant  relief.   Due  to  duty
obligations and time constrictions, applicant  was  not  afforded  the
time to take the leave.  After reviewing the circumstances surrounding
the leave in  question,  we  believe  that  the  applicant  should  be
compensated for 12  days  of  leave.   However,  since  the  applicant
received payment for 57.5 days of leave, we are precluded by Title 37,
Section 501, from granting the  applicant’s  request  as  stated.   In
arriving at  our  decision,  we  contacted  the  Defense  Finance  and
Accounting Service (DFAS-DE) and they  determined  that  in  order  to
provide applicant  pay  for  9.5  of  the  12-day  total  he  was  not
authortized to sell, he would need to be placed in  a  temporary  duty
status  (TDY)  for  9.5  days.   We  believe  that  this   recommended
correction provides the applicant with proper relief.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

    a.  He was in a temporary duty status for nine and one-half  (9.5)
days beginning 5 April 2002 and was paid total per diem the equivalent
of nine and one-half (9.5) days of basic pay.

    b.  On 30 March 2001, he was authorized to receive cash settlement
for an additional 2.5 days of leave for a total of 60 days paid leave.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 5 February 2003, under the provisions of AFI  36-
2603:

                  Mr. Roscoe Hinton, Jr., Panel Chair
                  Mr. Thomas J. Topolski, Jr., Member
              Mr. Steven A. Shaw, Member

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

   Exhibit A.  DD Form 149, dated 15 Jan 01.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFRPO/DMFQ-P, dated 16 Dec 02, w/atch.
   Exhibit D.  Letter, AFBCMR, dated 3 Jan 03.
   Exhibit D.  Applicant's Response, dated 12 Jan 03, w/atchs.




                                   ROSCOE HINTON, JR.
                                   Panel Chair








AFBCMR 01-03543
INDEX CODE:  121.03



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, be corrected to show that:

                 a.  He was in a temporary duty status for nine  and
one-half (9.5) days beginning 1 March 2001 and was  paid  total  per
diem the equivalent of nine and one-half (9.5) days of basic pay.

                 b.  On 30 March 2001, he was authorized to  receive
cash settlement for an additional 2.5 days of leave for a  total  of
60 days paid leave.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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