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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