RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-02107
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He should be compensated for 10 days of leave that he lost, due to a
Stop Loss action, when he retired.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Because he applied for a Stop Loss waiver that was approved, he did
not have enough time before his retirement date to use 10 remaining
days of leave on his account.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 May 2001, applicant applied for voluntary retirement that was
subsequently approved, with an effective date of 1 December 2001. On
22 September 2001, a Stop Loss was implemented that suspended his
approved retirement. He applied for a Stop Loss waiver on 7 November
2001 requesting to be retired effective 1 December 2001. The
waiver was approved on 30 November 2001 with an effective retirement
date of 1 December 2001.
The applicant used 32 days of terminal leave from 29 October through
30 November 2001 and, at retirement, had a remaining balance of 10
days.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSFM recommends relief. DPSFM states that based on an email
from applicant’s last duty station, applicant did have 13 days of
leave that he was not able to use prior to his retirement. Since the
applicant sold 60 days of leave throughout his career, he was not able
to sell the leave back to the Air Force. Therefore, DPSFM recommends
that the applicant’s record be changed to adjust his retirement date
to include the 13 days of lost leave.
AFPC/DPSFM evaluation, with attachment, is at Exhibit C.
Examiner’s note: The DPSFM evaluation states the applicant had 13 days
of leave remaining and the applicant requested 10 days of leave to be
restored. DFAS, after performing a detailed Leave Computation on the
applicant, states that the applicant had 15 days remaining leave at
retirement.
HQ AFPC/DPPRRP recommends denial. DPPRRP notes that the applicant
only had 2 days from his Stop Loss waiver approval to his effective
retirement date but states that the applicant had the opportunity to
extend his retirement effective date up to 30 days and neglected to do
so. DPPRRP states that had the applicant taken advantage of the
extension option he would have had ample time to take any outstanding
leave.
AFPC/DPPRRP evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
28 Febuary 2003 for review and comment within 30 days. As of this
date, no response has been 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility that the applicant had sufficient
opportunity to extend his retirement date up to 30 days to enable the
use of his remaining leave prior to retirement. The applicant, for
whatever reason, chose not to take advantage of the opportunity to
extend his retirement. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
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 BC-
2002-02107 in Executive Session on 23 April 2003, under the provisions
of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Mr. William H. Anderson, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jun 02, w/atch’s.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSFM, dated 12 Feb 03, w/atch.
Exhibit D. Letter, HQ AFPC/DPPRRP, dated 21 Feb 03.
Exhibit E. Letter, SAF/MRBR, dated 28 Feb 03.
CHARLES E. BENNETT
Panel Chair
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