RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-00841
                                       INDEX CODE:  121.00
      XXXXXXXXXXXXXXXX                  COUNSEL: NO

      XXXXXXXXXXXX                           HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid for his unused days of accrued leave.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He carried over eight and one-half days of accrued leave from his  voluntary
active duty tour when he was involuntarily ordered to extended  active  duty
(EAD) in support of the events of 11 September 2001.  Ninety days  prior  to
completion of his tour (24 September 2003), his finance office confirmed  he
had a balance of 32 days of unused leave.  He chose to sell the 32  days  of
unused leave; however, was only paid for 21.5 days.

In support of his application, he provides copies of his active duty  orders
for the period 29 May  2001  through  28  September  2001;  his  involuntary
recall to extended active duty order effective  24 September  2001  and  its
amendment; Duty Day Operational Guidance memorandum; his finance office’s e-
mail confirmation of his unused  leave  balance;  a  memorandum  on  selling
leave, and e-mail traffic  concerning  his  attempt  to  resolve  his  leave
discrepancy.  The applicant’s complete submission, with attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves as a lieutenant  colonel  in  the  Individual
Mobilization  Augmentee  (IMA)  Reserve  program  with   a   Total   Federal
Commissioned Service Date  of  28  September  1979.   On  29 May  2001,  the
applicant was voluntarily recalled to EAD for a period of 91  days.   On  24
September  2001,  the  applicant  was  involuntarily  recalled  to  EAD   in
accordance with Title 10, United States Code,  Section  12302  (Presidential
partial mobilization); in support of  the  events  that  took  place  on  11
September 2001.  On 17 July 2003,  AFRC/FMAPH-RPO  confirmed  the  applicant
would have 32 days of unused leave considering his projected  demobilization
date of 24 September 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/FMFQ indicates that while the leave accounting policy  had  a  negative
impact on the applicant  in  this  scenario,  the  policy  was  administered
correctly.  FMFO states the applicant had accrued nine and one-half days  of
leave while on his  91-day  Military  Personnel  Appropriation  (MPA)  tour;
however, he used three  days  of  leave  prior  to  the  end  of  his  tour.
Therefore, his unused leave balance at the end of his MPA tour was  six  and
one-half days instead of the  eight  and  one-half  days  indicated  by  the
applicant.  FMFO notes the applicant’s 91-day MPA tour was  subject  to  the
60-day career limitation policy for selling back  leave  and  the  applicant
had already reached his limit of  60  days  of  leave  sold.   However,  the
applicant’s unused leave carried over for his  use  during  his  involuntary
recall to EAD period because he did not have a break in service between  the
tours.

FMFQ states that during the applicant’s involuntary recall  to  EAD  period,
he accrued 60.5 days of leave of which he used 48 days.  FMFQ notes that  in
accordance with the  regulation  that  outlines  leave  accounting  (DoDFMR,
Volume 7A, Chapter 350102C), leave is charged  in  reverse  order  with  the
most recently accrued leave charged first.  This method is  known  as  “Last
In, First Out (LIFO)”.  FMFQ states that to prevent forfeiture  of  his  6.5
days of unused leave carried over from his MPA  tour,  the  applicant  would
have had to use all of his accrued leave from both tours prior  to  the  end
of his involuntary EAD tour.  The ARPC/FMFQ 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  May
2004 for review and comment within 30 days.  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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  an  injustice  to  warrant  partial  relief.   In  light   of
restrictions imposed by operational requirements during the  period  of  his
involuntary  mobilization,  it  appears  the  applicant  did  not  have  the
opportunity to use all of his earned leave.  In view of  the  foregoing,  we
believe that relief is warranted in this matter.  We  note  the  applicant’s
contentions that he lost 8.5 days of unused  leave;  however,  according  to
the Air Force office of primary  responsibility,  the  applicant’s  military
pay record indicates he lost 6.5 days of unused leave.  We  also  note  that
the applicant has already sold the maximum 60 days of leave allowed by  law,
necessitating that we compensate him by other means. Therefore,  it  is  the
Board’s opinion that in order to provide him fair and equitable relief,  his
records should be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to the APPLICANT be corrected to show  that  he  was  in  a  temporary  duty
status for a sufficient period of time and was paid total per  diem  in  the
amount equivalent to six and one half (6.5) days of pay and allowances.
________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 August 2004, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Ms. Martha J. Evans, Member
            Ms. Martha A. Maust, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2004-00841 was considered:

    Exhibit A.  DD Form 149, dated 2 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/FMFQ, dated 19 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2004-00841




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 XXXXXXXXXXXXXXXXXX, be corrected to show that he was in a
temporary duty status for a sufficient period of time and was paid total
per diem in the amount equivalent to six and one half (6.5) days of pay and
allowances.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency