RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02909
INDEX NUMBER: 121.00
XXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The 39.5 days of leave he sold as an enlisted member when he was
discharged from the Navy to attend Air Force Officer Training School
(OTS) be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Members transitioning from enlisted to officer status are permitted to
carry forward their leave balance. He separated from the Navy on 15
Aug 02 expecting to start OTS training on 16 Aug 02. However, his
class date was pushed back to 14 Jan 03 causing him to have an
unintentional break in service. He feels as if he is being punished
for becoming an officer. He is willing to pay back the $2,106 he was
paid for his leave if it is restored.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Navy in Aug 99. He separated
on 15 Aug 02 due to his selection for attendance to Air Force Officer
Training School (OTS). He entered OTS in Jan 03 and was commissioned
a second lieutenant in the Air Force on 4 Apr 03.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSFM recommends denial of the applicant’s request. The
applicant was properly paid for his unused leave balance when he
separated from the Navy.
The applicant based his separation from the Navy on the letter he
received from his recruiter to report to the Military Processing
Station on 16 Aug 02. When the applicant was contacted to determine
why he was not accessed onto active duty on 16 Aug 02, he explained
that the “Quick Ship” list his recruiter had placed him on was not a
guarantee that he would be accessed on 16 Aug 02. His accession was
contingent upon a seat being available in the class starting during
this period. Originally, the applicant had planned to separate from
the Navy on or about 13 Jan 03 with immediate reentry into the Air
Force on 14 Jan 03. When the possibility of a class date on 16 Aug 02
became available, he chose to separate on 15 Aug 02.
The complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 3
Oct 03 for review and comment within 30 days. To date, a response 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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We believe that the applicant’s
decision to separate from service at the time he did was done with the
expectation of starting his OTS training immediately thereafter. While
it appears that he may have had options regarding the timing of his
discharge from the Navy, we note that the letter from the Air Force
recruiter to the Navy states that it was necessary for him to be
available to ship on 16 Aug 02. Additionally, the information sheet
from the Air Force Officer Training School, while indicating that
active military could transfer their leave balance, does not discuss
circumstances when the balance cannot be transferred. We are not
certain that the applicant was provided with all the pertinent
information required to make the best decision regarding the risks of
leaving the Navy early, e.g., the inadvertent break in service, which
required him to sell his leave. We believe that the doubt that we have
should be resolved in favor of the applicant. Therefore, we recommend
that the applicant’s 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, provided he reimburses
the government for the leave sold during the period 1-15 Aug 02, 39.5
days of leave were added to his leave account commencing 2 October
2003.
_______________________________________________________________
The following members of the Board considered Docket Number BC-2003-
02909 in Executive Session on 5 November 2003, under the provisions of
AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. James W. Russell, III, Member
Ms. Leslie E. Abbott, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSFM, dated 24 Sep 03.
Exhibit D. Letter, SAF/MRBR, dated 3 Oct 03.
BRENDA L. ROMINE
Panel Chair
AFBCMR BC-2003-02909
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 XXXXXXXX, XXX-XX-XXXX be corrected to show that,
provided he reimburses the government for the leave sold during the
period 1-15 Aug 02,39.5 days of leave were added to his leave
account commencing 2 October 2003.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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