RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02922
            INDEX CODE:  121.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Twenty days of leave be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He lost 30 days of leave on 1 October 2001 due to 11  September  2001.
The leave was restored on 1 January 2002, to be used  by  30 September
2004.  He took 10 days of leave in  May  2002  and  was  told  by  the
Financial Service Flight that only 20 days of leave could  be  carried
over.  They further instructed him to take 30 days of leave  prior  to
1 October 2002 in order to preserve the 20 days of restored leave from
11 September 2001.  In October 2002, he lost the 20 days of leave  and
was told that it would  be  returned  prior  to  his  1  January  2003
retirement based on a message from HQ DP.  When he out-processed on 31
December 2002, the leave still had not been restored  to  his  account
and he was told that he would need to submit an application to the Air
Force Board for Correction of Military Records (AFBCMR)  to  have  the
leave restored.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 December 1980.

At the end of fiscal year 2002, the applicant lost 20 days  of  leave.
His Master Military Pay Account (MMPA) record reflected he had a leave
balance of 60 days on 1 October 2002 and earned 7.5 days of  leave  as
of 31 December 2002.  Prior to his 1 January 2003 retirement, he  used
57 days of leave and sold 10.5 days of leave upon his retirement.  His
MMPA further reflects he sold 40.5  days  of  leave  in  his  military
career.

In accordance with the governing law, Title 37, Section 501, a service
member may sell a total of 60 days  of  leave  during  their  military
career.

He retired on 1 January 2003 in the grade of  senior  master  sergeant
(SMSgt).  He served 22 years and 16 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM states that paragraph 10.9.7 of the AFI 36-3003, states  in
part a member’s application for correction of  military  records  must
clearly establish an error or injustice by the Air  Force  caused  the
member’s lost leave.  AFI 36-3003, Paragraph 4.6 states  payments  for
accrued leave are limited to  60  total  days  in  a  military  career
effective 10 February 1976.  The applicant’s MMPA reflected he had two
different leave charges for the same period.  The  first  was  for  31
days of leave from 20 August 2002 through 19 September  2002  and  the
second was for 30 days  of  leave  from  20  August  2002  through  18
September 2002.  These entries into the applicant’s MMPA did not occur
until 3 and 4 October 2002  and  when  the  correction  was  made  the
applicant lost 20 days of leave that should have been protected  under
the Special Leave Accrual (SLA).

AFPC/DPSFM further states the  applicant  tried  to  get  the  problem
corrected through his Financial Service Office (FSO) and that the  FSO
should have notified the Defense  Finance  and  Accounting  Service  -
Denver (DFAS-DE) of the error  to  have  it  corrected  prior  to  the
applicant’s retirement.   They  recommend  the  applicant  be  granted
partial relief and receive pay for 19.5 days of leave.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
24 October 2003, for  review  and  response.   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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After careful  consideration  of
the circumstances of this case, the  Board  noted  the  applicant  was
advised to take 30 days of leave in order to preserve the 20  days  of
leave under Special Leave Accrual (SLA); however,  when  changes  were
made to his leave account to reflect the leave he took, the 20 days of
SLA were lost.  The applicant notified his FSO of the  error  and  the
FSO failed to notify DFAS  of  the  error  prior  to  the  applicant’s
retirement.  The applicant has requested 20 days of leave be restored,
but AFPC/DPSFM recommends restoring 19.5 days  of  leave  due  to  the
applicant having sold 40.5 days of leave; however, the Board  believes
the applicant should not be penalized for the FSO’s failure to correct
the  error  or  notify  DFAS  prior  to  the  applicant’s  retirement.
Therefore, based on the evidence provided, the  Board  recommends  the
applicant 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 he  was  in  temporary
duty status for a sufficient number of days and  was  paid  total  per
diem the equivalent of 20 days of basic pay.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-02922  in  Executive  Session  on  2  December  2003,  under  the
provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Patricia D. Vestal, Member
                 Mr. James W. Russell III, Member

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

   Exhibit A.  DD Form 149, dated 28 Aug 03, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSFM dated 15 Oct 03.
   Exhibit D.  Letter, SAF/MRBR dated 24 Oct 03.




                       RICHARD A. PETERSON
                       Panel Chair


AFBCMR BC- BC-2003-02922
INDEX CODE:  121.03


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction for 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                     , be corrected to show that he
was in temporary duty status for a sufficient number of days and was
paid total per diem the equivalent of 20 days of basic pay.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency