RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02333
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The $1,157.91 debt owed the government for five and one half days of
excess leave be reversed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
All the leave taken at the end of his career was cleared through the
accounting and finance office at Scott Air Force Base (AFB). During
his out-processing, he asked exactly how much leave he had accrued and
he took the amount the accounting and finance office cleared for him.
In support of his appeal, applicant has provided copies of his April
2003 leave and earnings statement (LES), his retirement order, his out
processing checklist, approved leave request forms for the periods 10
Feb 03 (20 days for permissive TDY), and 2 Mar 03 (60 days terminal
leave), numerous retrievals from the Personnel Data System (PDS), and
his DD Form 214, Certificate of Release or Discharge from Active Duty.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Prior to his scheduled retirement date of 30 April 2003, applicant
requested terminal leave of 60 days from 2 March 2003 through 30 April
2003 that combined with other leave taken during fiscal year 2003
(FY03) totaled 70 days. Applicant had accrued only 64 days of leave
during FY03. His retirement was effective 1 May 2003. He had served
23 years, 9 months, and 29 days and was retired as a Master Sergeant
(E-7).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSFM recommends denial. DPSFM states that the applicant began
FY03 with 47 days of leave and would have accrued 17.5 days of leave
by his retirement date of 30 April 2003 for a total balance of 64.5
available days of leave. During FY03 however, the applicant used 7
days of leave from 27 January 2003 through 2 February 2003 and 3
additional days of leave from 26 through 28 December 2002. DPSFM
calculates when the applicant requested, and was approved to take, 60
days of terminal leave; he only had 54.5 actual days of leave
available to him. Therefore the government is owed for the 5.5 days
of extra leave the applicant took as part of his terminal leave. The
applicant was correctly placed in excess leave for the remaining 5.5
days of his terminal leave.
DPSFM’s 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
19 September 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 and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. He did not keep adequate track of his leave
and consequently used more leave than he accrued. 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-
2003-02333 in Executive Session on 28 October 2003, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sharon B. Seymour, Member
Ms. Leslie E. Abbott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 July 2003, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSFM, dated 16 Sep 03, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 03.
RICHARD A. PETERSON
Panel Chair
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