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AF | BCMR | CY2003 | BC-2002-02544
Original file (BC-2002-02544.doc) Auto-classification: Denied






                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02544
            INDEX CODE:  121.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Leave charged from 2 July 2002 to 18 July 2002 (16 days)  be  restored
to his account.

________________________________________________________________

APPLICANT CONTENDS THAT:

While enroute to his new Permanent Duty Station (PDS) at Mountain Home
AFB, ID, from Misawa AB, Japan, he was unavoidably delayed from 2 July
2002 to  18  July  2002  in  Colorado  Springs,  Colorado,  while  his
automobile was being repaired.  He argues that he should not have been
charged leave for circumstances that had arisen that were  beyond  his
control.

Applicant’s statement and  documentary  evidence  in  support  of  his
request are at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant’s Total Active Federal Military Service Date (TAFSMD), is 21
April 1982.  He  is  currently  serving  in  the  grade  of  technical
sergeant (E6).

Applicant left Misawa AB, Japan, on 17 June 2002, with  a  Report  Not
Later Than Date (RNLTD) of 30 July 2002 to Mountain Home AFB, ID.  His
orders authorized one travel day.  He was authorized circuitous travel
enroute as he planned on taking leave in  Puerto  Rico  and  was  also
authorized reimbursement of travel expenses to  pick  up  his  car  in
storage in Colorado Springs, CO.  He arrived at his new PDS on 18 July
2002.

Defense Finance and Accounting Service (DFAS) informally advised  that
applicant’s leave  balance  upon  departing  on  Permanent  Change  of
Station (PCS) was 14.5  days;  he  was  charged  29  days  leave  upon
reporting to his new duty station at  Mountain  Home  AFB.   Thus  his
leave balance was  negative  14.5  days.   As  of  23  December  2002,
applicant had a leave balance of 1.5 days.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSFM recommends denial and  states  that  applicant  was  not
considered Present for Duty, TDY, PTDY or in an enroute status for the
stated period.  Applicant therefore could only have been  in  a  leave
status and was being paid all pay and  allowances  for  the  contested
period.

Applicant states that he called his new duty station’s MPF  about  his
car problems and was advised by someone in the MPF that he should stay
with his car until repairs were made.  Investigation has revealed that
not only can the applicant not provide the name of the person he spoke
with at the MPF; no one in the MPF can recall ever speaking  with  the
applicant.

In accordance with  Air  Force  Instruction  36-3003,  Military  Leave
Program, applicant was charged leave for authorized absence in  excess
of authorized travel time, PTDY, and proceed time.

A complete evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
25 October 2002 for review and comment within 30  days.   As  of  this
date, this office has received no response.  (Exhibit D)

________________________________________________________________

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 and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  There is no substantiated  evidence  that  the
Air Force caused the delay in the applicant reporting  for  duty.   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 02-
02544 in Executive Session on 13 January 2003, under the provisions of
AFI 36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dtd 6 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSFM, dtd 22 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dtd 25 Oct 02.




                                   PHILIP SHEUERMAN
                                   Panel Chair

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