RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-00415
            INDEX CODE 121.03
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Twenty-eight (28) days of leave be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had accumulated 58 days of leave when he left active duty to  enter
the AFROTC program.  He contacted his finance office about reinstating
the lost leave and was told it was  possible.   However,  the  Defense
Finance and Accounting  Service  (DFAS)  told  him  it  could  not  be
restored because he had a break in service. Prior service members  who
attend AFROTC and fulfill  their  obligations  to  AFROTC,  Air  Force
Reserves and the Air Force should have their unused leave  reinstated.
He asserts he did not have a break in service. He did not have  enough
time to take the remaining days in the time between the acceptance  of
his application and separation.

The applicant’s complete submission, with attachment, is at Exhibit A.


_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 Jul  85  and  was
honorably discharged from  active  duty  in  the  grade  of  technical
sergeant on 22 Aug 01 to enter the Air Force Reserve Officer  Training
Corps (AFROTC) program. At that point, he had 16 years, 1 month and 14
days of active service. He enlisted in the Air Force  Reserves  on  23
Aug 01. He was relieved from Reserve enlisted status  on  12  Jun  02,
appointed a Reserve 2nd lieutenant on 13 Jun 02,  and  entered  active
duty on 14 Jun 02.

According to HQ AFPC/DPSFM, the applicant sold a total of 60  days  in
his career: 30 days of leave on 10 Apr 89 and  30  days  when  he  was
discharged on 22 Aug 01 to enter AFROTC.  The applicant lost  28  days
of leave when he was discharged on 22 Aug 01.

Title 37, United States Code, Section 501, precludes payment for  more
than 60 days of leave.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSFM notes that Title 10, USC, Section 2106, states  that  in
computing service for any purpose, an  officer  appointed  under  this
section may not be credited  with  enlisted  service  for  the  period
covered by his advanced training, other than any  period  of  enlisted
service performed on or after 1 Aug 79, as a member  of  the  Selected
Reserve.  The applicant’s time in ROTC training was not creditable and
is considered a break in military service.  DOD  Financial  Management
Regulation directs payment for accrued leave upon discharge up to  the
60-day maximum limit.  This limit is set by law and cannot be  waived.
Denial is recommended as there are no provisions to carry over  unused
leave after a break in military service.

A complete copy of the evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He had accrued 58 days of leave prior to being released for the AFROTC
program. He had sold 30 days of leave in 1989 so he could only sell 30
days upon his release in 2001. He asserts he did not have a true break
in service. He understands he did not accrue leave and other  benefits
from service during his period in AFROTC. Now that he has returned  to
active duty he enjoys many of the benefits he earned in prior  service
(i.e., time served, extra pay,  etc.)  so  he  believes  leave  is  no
different. He contends a  change  in  the  regulation  regarding  such
changes  should  be  considered.  He  is  not  asking   for   monetary
compensation for unused leave nor does he believe negligence  was  the
cause for the loss.

A complete copy of  applicant’s  response,  with  attachments,  is  at
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. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that 28 days of leave should be restored.   The  applicant’s
contentions are duly noted; however, we do not find these  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
rationale provided by the Air Force. The applicant’s time in  ROTC  is
not credible and is considered a break in military  service.  Further,
statute precludes payment for leave beyond the 60-day maximum.  As  an
aside, we note that at the time  of  the  applicant’s  discharge  from
active duty on 22 Aug 01, he had 58 days of leave,  which  had  to  be
used before the fiscal year ended in approximately 38 days.  The  sale
of 30 days at fiscal year’s end still would have left him with 28 days
of leave to use or lose. The applicant has not shown that  he  made  a
diligent effort to use or manage his leave  in  a  timely  manner.  We
therefore adopt the rationale expressed by the Air Force as the  basis
for our decision that the applicant has failed to sustain  his  burden
of having suffered either an error or an injustice.  In  view  of  the
above and absent persuasive evidence to the contrary, we conclude this
appeal should be denied.

_________________________________________________________________

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  this  application  in
Executive Session on 12 June 2003 under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Vice Chair
                 Mr. Joseph A. Roj, Member
                 Ms. Cheryl Jacobson, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-00415 was considered:

   Exhibit A.  DD Form 149, dated 30 Dec 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 24 Apr 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 2 May 03.
   Exhibit E.  Letter, Applicant, dated 15 May 03, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair