RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00120
INDEX NUMBER: 121.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His pay records be corrected to show that he previously sold thirty
(30) days of leave rather than sixty (60) days.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His Leave and Earnings Statement (LES) is incorrect. His reenlistment
papers do not indicate payment of 30 or 60 days leave.
Applicant provides no supporting documentation. A copy of the
applicant's submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Data System (MilPDS) reflects that the
applicant is currently serving on active duty in the grade of master
sergeant with a date or rank and effective date of 1 June 1996.
MilPDS reflects he has submitted a retirement application.
His Master Military Pay account reflects he sold 60 days of leave on
29 November 1983.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSFM recommends the application be denied. DPSFM states that
the applicant’s master military pay account reflects he sold 60 days
of leave on 29 November 1983. Title 37, U.S.C., Section 501, limits
payment for accrued leave to 60 days in a military career. The
history printout indicates the applicant was entitled to $1,585.80 for
60 days of leave sold, which was taxed at 20 percent and he received
$1,268.64 on 18 December 1983 from his local finance office for the
leave sold.
A copy of the complete Air Force evaluation, with attachment, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 March 2003, a copy of the Air Force evaluation was forwarded to
the applicant for review and response. As of this date, this office
has not received a response.
_________________________________________________________________
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. After reviewing the evidence of
record, we are not persuaded that the applicant’s records are in error
or that he has been the victim of an injustice. His contentions are
noted; however, in our opinion, the comments and evidence provided by
the appropriate Air Force office adequately address his contention.
Therefore, we adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
In the absence of evidence to the contrary, we find no basis to grant
relief.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 28 May 2003, under the provisions of AFI 36-2603:
Ms. Patricia D. Vestal, Panel Chair
Ms. Martha Maust, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered FOR AFBCMR Docket
Number BC-2003-00120:
Exhibit A. DD Form 149, dated 30 Dec 02, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSFM, undated, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 28 Mar 03.
PATRICIA D. VESTAL
Panel Chair
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