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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