RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01305
            INDEX CODE:  121.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS:

Reinstatement of 23 days of leave under the  Overseas  Tour  Extension
Incentive Program (OTEIP).
_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to the circumstances, he should be given an exception to policy so
that he would be entitled to the OTEIP 30 days of  nonchargeble  leave
incentive.

In support of his request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
10 January 1994.  The applicant reenlisted on 19 February 1999  for  a
period of 6 years, with an established date of separation (DOS)  of  9
Feb 05.  He was progressively promoted to the grade of staff  sergeant
(E-5), with an effective date and date of rank  of  1 May  2000.   The
applicant’s DEROS was changed from 4 November 2002 to 15 June 2002.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP1 recommends the applicant’s leave be reinstated.  DPAPP1
states that members who have approved one-year extensions  with  OTEIP
benefits are required to serve the entire 12-month  extension.   If  a
member has not  entered  the  extension  and  the  extension  must  be
cancelled due to military necessity (i.e.,  force  structure  changes)
the extension reverts to a normal extension and  no  OTEIP  incentives
are authorized.  The applicant’s DEROS extension was cancelled  on  20
August 2001 and his DEROS was established as 15 June 2002 to allow his
spouse to have one-year time-on-station to receive short tour  credit.
DPAPPI indicated that,  based  on  the  information  provided  by  the
applicant, it appears he was not told that he was no  longer  entitled
to the OTEIP leave.  The HQ AFPC/DPAPP1 evaluation is at Exhibit C.


HQ USAF/DPFM states that, after reviewing the case  file  and  the  HQ
AFPC/DPAPP1 recommendation, the applicant’s request for  an  exception
to policy should be approved.  The applicant was not properly  advised
that he was no longer entitled  to  OTEIP  leave  and  should  not  be
penalized.  The HQ USAF/DPFM evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant  on  2
Aug 02 for review and response.  As of this date, no response has been
received by this office (Exhibit E).
_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Pursuant to  the  Board’s  request  for  additional  information,  the
following advisory opinion has been submitted.

HQ USAF/DPFM recommends  the  application  be  denied.   Although  the
applicant was miscounseled, it is DPFM’s opinion  that  the  applicant
had ample time to react to the situation.  The applicant was  informed
he was ineligible to OTEIP four days  before  he  departed  on  leave.
While it is unfortunate he was not given more lead time to react,  the
applicant still had time to either take the leave, cancel it or  amend
the length of the leave.  Based  on  the  facts  and  the  applicant’s
statement, it appears the appropriate course of action would have been
for him to request relief from the extension rather  than  attempt  to
recoup the charged leave.  HQ USAF/DPFM’s evaluation, with attachment,
is at Exhibit F.
_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of  the  additional  Air  Force  evaluation  was  forwarded  to
applicant on 22 October 2002 for review  and  response.   As  of  this
date, no response has been received by this office (Exhibit G).
_________________________________________________________________

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  injustice.   After  careful  consideration  of  the
circumstances of this case, the Board majority is persuaded  that  the
applicant was miscounseled concerning his eligibility for OTEIP leave.
 The applicant had planned to take OTEIP leave.  Because  he  was  not
properly advised that he was no longer entitled to this leave, he  had
to use ordinary leave.  It is the Board majority’s  opinion  that  the
applicant should not be penalized for the  late  notification  of  his
entitlement for OTEIP leave.  The Board majority believes that  relief
is warranted and recommends that the records be corrected as 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 twenty-three (23) days
of leave were added to his leave account commencing 2 October 2002.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 February 2003, under the provisions of AFI 36-
2603:

                  Mr. Philip Sheuerman, Panel Chair
                  Ms. Cheryl Jacobson, Member
              Mr. David W. Mulgrew, Member

By a  majority  vote,  Mr.  Sheuerman  and  Ms.  Jacobson  recommended
granting the relief sought in this application.  Mr. Mulgrew voted  to
deny the applicant's request and submitted  a  Minority  Report.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 April 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPP1, dated 5 June 2002.
   Exhibit D.  Letter, HQ USAF/DPFM, dated 11 July 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 2 August 2002.
   Exhibit F.  Letter, HQ USAF/DPFM, dated 18 October 2002.
   Exhibit G.  Letter, AFBCMR, dated 22 October 2002.
   Exhibit H.  Minority Report.




                                   PHILIP SHEUERMAN
                                   Panel Chair


AFBCMR 02-01305




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 APPLICANT be corrected to show that twenty-three
(23) days of leave were added to his leave account commencing 2
October 2002.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency