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AF | BCMR | CY2003 | BC-2002-02107
Original file (BC-2002-02107.doc) Auto-classification: Denied




                       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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