RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02424
INDEX NUMBER: 121.00
XXXXXXXXXXXXXX COUNSEL: Gary Myers
XXX-XX-XXXX HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be credited with 95.5 days of accrued leave and that they be
allowed to be used as terminal leave or to sell back to the Air
Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In a two-page brief of counsel, applicant states that he was granted
relief in AFBCMR case 00-1736 to include a six-year constructive
reenlistment as of 26 Nov 97. On 2 Mar 02, he was ordered to active
duty. When he asked to have leave credited for the years he was
improperly separated from the Air Force, he was advised by the
Defense Finance and Accounting Service (DFAS) that they could only
credit him with 60 days of leave.
He was prevented from earning and using the requested 95.5 days of
leave due to his improper separation from service. Although his
records were corrected to show that he was on active duty during the
period of Apr 97 through Jun 02, he was in fact not. When he was
reinstated in the Air Force by the AFBCMR, he was given all the
rights and privileges appertaining to any active service during this
period.
In support of his case, the applicant provides a data sheet showing
the total amount of leave he would have accrued on continuous active
duty.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 Mar 01, the AFBCMR considered a case on the applicant and
granted relief that included the applicant’s reinstatement to active
duty as of 10 Apr 97 (Exhibit B). The applicant reported to active
duty on 14 Jun 02. He has received one Enlisted Performance Report
with an overall rating of “5” since returning to active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-POCC/DE recommends denial of the applicant’s request. They have
computed that the applicant actually lost 99 days of leave vice the
95.5 he has requested. However, 10 U.S.C. 701(b) states that a
member may not accumulate more than 60 days of leave. Any leave
accrued in excess of 60 days is immediately lost and may not be
credited in the next fiscal year.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant’s
counsel on 5 Sep 03 for review and comment within 30 days. To date,
a reply has not been received.
_________________________________________________________________
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. While unfortunate that the
applicant technically lost 99 days of leave, we believe the relief
provided by the Board, to include six years of constructive
enlistment, provided appropriate and fitting relief to him. While
every effort is made to make an applicant whole when it is determined
that he has been the victim of an error or injustice, in this
instance, we are precluded by statute from crediting the applicant
with the additional 99 days of leave. Additionally, we note that
leave is primarily intended for a respite from the rigors of military
duty. Although the applicant’s records have been corrected to
indicate that he served during the period from 11 Apr 97 to 31 Jul
02, he in fact did not physically do so. Therefore, in the absence
of evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 Docket Number BC-2003-
02424 in Executive Session on 8 October 2003, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Martha Maust, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, DFAS-POCC/DE, dated 26 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 5 Sep 03.
THOMAS S. MARKIEWICZ
Chair
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