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AF | BCMR | CY2004 | BC-2004-01547
Original file (BC-2004-01547.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01547
            INDEX NUMBER:  121.03
      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

19.5 days of leave be restored to his leave balance.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was under the impression his leave account would  be  charged  for
leave days used before permissive TDY days were charged.  Instead his
permissive TDY days were charged first, causing him to lose 19.5 days
of leave.

In support of his appeal, applicant provides copies of  the  AF  Form
988, “Leave Request/Authorization Forms,” processed for his  terminal
leave and permissive TDY.

The applicant’s complete submission, with attachments, is at  Exhibit
A.

_________________`_______________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in the Air Force from 7 Dec 83 to
31 Dec 03, retiring in the grade of technical sergeant (TSgt).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPF recommends 17.5 days of leave be restored to the applicant’s
leave account.  This will give him a balance of 85 days as of 31  Dec
03 and satisfy his debt to the Air Force.

The  applicant’s  commander  submitted  a  statement  indicating  the
applicant was never properly briefed prior to retirement on his leave
status and recommended the applicant’s lost leave be  restored.   AFI
36-3003, Military Leave Program, states members lose leave in  excess
of 60 days at fiscal year end unless eligible for up to  30  days  of
special leave accrual (SLA).  The applicant was not eligible for SLA.
 The applicant states he was under the impression his terminal  leave
would be charged first and his permissive TDY (PTDY) second.  The  AF
Forms 988 provided by the applicant clearly show his  PTDY  would  be
charged first and the terminal leave second.   The  applicant  had  a
leave balance of 77 days as of 30 Sep 03.  On 1  Oct  03,  his  leave
balance was reduced to 60 days, causing him to lose 17 days of leave.

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
8 Oct 04 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 accept the determination and
recommendation of AFPC/DPF the applicant should  have  17.5  days  of
leave restored to his account.  We further adopt their  rationale  as
the basis for  recommending  this  relief.   We  note  the  applicant
requested restoration of 19.5 days of leave, but  failed  to  provide
evidence which sufficiently  counters  AFPC/DPF’s  recommendation  to
restore only 17.5 days.   Therefore,  we  recommend  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 seventeen  and  one-
half (17.5) days of annual leave were  added  to  his  leave  account
commencing 2 October 2003.

_________________________________________________________________

The following members of the Board considered Docket Number  BC-2004-
01547 in Executive Session on 17 November 2004, under the  provisions
of AFI 36-2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Mr. Albert C. Ellett, Member

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

     Exhibit A.  DD Form 149, dated 3 May 2004, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPF, dated 30 Sep 04, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair


AFBCMR BC-2004-01547


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 XXXXXXX, XXXXXXX, be corrected to show that
seventeen and one-half (17.5) days of annual leave were added to
his leave account commencing 2 October 2003.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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