RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02792
            INDEX CODE:  121.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement date be changed  to  reflect  1  October  2002,  rather  than
1 September 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his retirement processing he was allowed to sell 28 days  leave  over
the maximum allowable amount of leave that can be sold.  Actions  have  been
taken against him to withdraw the overpayment from his retired pay  account.
 The commander of Financial Services and ---  AB,  --  acknowledged  it  was
their mistake and informed him that he could have  taken  action  to  extend
his retirement date and recommended he apply for a waiver of the debt.   His
waiver was denied by the Defense Finance and Accounting Service (DFAS).   If
he had been advised correctly during  his  retirement  processing  he  would
have requested extension of his retirement date and  avoided  the  problems.
During the time period, his son was sick with a disorder  that  claimed  his
life and he was not focused totally on his retirement processing.

In support  of  his  request,  applicant  provided,  a  personal  statement,
documentation associated with his request for waiver  of  his  indebtedness.
His complete submission, with attachments is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  2
Mar 79.  He  was  progressively  promoted  to  the  grade  of  chief  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Sep 99.  Applicant retired from the Air Force on 31 Aug 02.   He  served  23
years, 7 months, and 22 days on active duty.

Upon his retirement applicant was paid for 36 days of leave.   An  audit  of
his account at DFAS determined that he had previously sold 52 days of  leave
and was only authorized to sell back 8 days upon  his  retirement.   A  debt
was established for $4,340.70.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommends approval of the adjustment  of  his  retirement  date.
DPSFM states that had he been properly counseled he may have  been  able  to
use all of his accrued leave.
The DPSFM evaluation is at Exhibit C.

AFPC/DPPRRP recommends approval based on the fact that he sold back 28  days
of leave based on information provided  to  him  by  his  Financial  Service
Office.  DPPRRP recommends either of the following options:

      1) Allow payment of the 28 days of leave as an exception to  Title  37
rather than adjusting the applicant's retirement date.

      2) Adjust his effective date of retirement to compensate him  for  the
28 days leave.  This adjustment would credit him  with  30  days  of  active
duty and allow the applicant to receive an additional  2  days  of  unserved
active duty credit.

The DPPRRP evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  10
Oct 03 for review and comment if desired.  As of this date, this office  has
received no 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 evidence has been presented in regards to the  changing  of
his retirement date.  Since applicant had requested a retirement date  of  1
Sep 02, we do not believe that a change  in  his  retirement  is  warranted.
Extending the applicant's retirement would credit him with time  not  served
and would essentially result in a windfall of increased retired pay for  the
rest of his life--the total of which could ultimately  exceed  the  monetary
value of the lost 28 days.

4.  Notwithstanding  the  above  findings  we  believe  sufficient  relevant
evidence has been presented to demonstrate the  existence  of  an  injustice
that would  warrant  partial  relief.   Based  on  misinformation  that  was
provided to the applicant, he was erroneously allowed to  sell  28  days  of
leave and a debt was subsequently established in the  amount  of  $4,340.70.
Because the debt was through no fault of the applicant's,  we  believe  that
the debt should be remitted.  Therefore, we recommend that  his  records  be
corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 31 August 2002,  he  submitted  an
application for remission of his debt to the government for  overpayment  of
28 days leave; that his request was approved on that same date by  competent
authority; and that any payments made to this debt be refunded.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
02792 in Executive Session on 13 Nov 03, under the  provisions  of  AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Gregory H. Petkoff, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 24 Sep 03.
    Exhibit D.  Letter, AFPC/DPPRRP, dated 2 Oct 03, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Oct 03.




                             RICHARD A. PETERSON
                                             Panel Chair

AFBCMR BC-2003-02792




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 31 August 2002, he
submitted an application for remission of his debt to the government for
overpayment of 28 days leave; that his request was approved on that same
date by competent authority; and that any payments made to this debt be
refunded.








                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency