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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