RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01385
INDEX CODE: 121.03
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 DEC 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
Thirty-five (35) days of leave be restored to his leave account as
of 1 Oct 04.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to take leave due to mandatory training in
preparation for deployment for Operation Enduring Freedom (OEF).
His active duty for training (ADT) and Progression Tour orders were
not consecutive because of an administrative error. He could not
have taken leave and still have been prepared for deployment
because of in flight training from 11 Feb 03 until 29 Nov 04.
He has been paid six days of lost leave bringing his life time
balance of leave sold to 60 days during his career. He would like
his leave balance restored with the full 35 days and that he be
allowed to reimburse the government for the six days of pay.
In support of his appeal, applicant submitted copies of his
Attendance Calendar for (January - June) and (July - December) and
copies of his Activity Listing from Fiscal Years (FY) 2004 and
2005.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant, a reserve officer, is currently serving in the Reserve
grade of major.
Applicant’s AF Form 526, ANG/USAFR Point Credit Summary, reflects
that during Fiscal Year 2004, he was on continuous active duty
orders between 1 Oct 03 - 30 Nov 04. During this time he accrued
35 days of leave.
Applicant’s Leave Master Record reflects a BF-Leave balance of
35 days; Leave Sold - 6 days;, and Leave Balance - 29 days.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFRC/DPM reviewed this application and recommended applicant’s
unit pay him for the 35 days of accrued and unused leave.
A complete copy of the 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 3 Jun 05 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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 reviewing the
applicant’s submission and the evidence of record, we are persuaded
that some form of relief is warranted. During the period
1 October 2003 through 30 November 2004, applicant was recalled to
active duty in support of contingency operations. He accrued
35 days of leave during this period; however, it appears that his
mandatory training schedule precluded him from taking leave. The
applicant has requested that 35 days of leave be restored to his
leave account. We note that he had previously sold 54 days of
leave during his career; therefore, he was only able to sell six
days of leave when he returned to Reserve status, resulting in a
loss of 29 days. We are not aware of any provisions for a Reserve
member to carry leave earned while on an active duty tour over into
Reserve status. Nevertheless, in an effort to afford the applicant
full, yet fair, relief for the loss of the 29 days of leave, we
recommend that his records be corrected as set forth below. We
believe that this recommended correction provides the applicant
with proper relief.
___________________________________________________________________
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 a
temporary duty status for a sufficient number of days beginning
1 October 2004 and was paid total per diem the equivalent of twenty-
nine (29) days of basic pay.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2005-01385 in Executive Session on 13 July 2005, under the
provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Wallace F. Beard, Member
Mr. Grover L. Dunn, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 March 2005, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFRC/DPM, dated 23 May 2005.
Exhibit D. Letter, SAF/MRBR, dated 3 June 2005.
JOSEPH G. DIAMOND
Panel Chair
AFBCMR BC-2005-01385
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, be corrected to show that he was in a
temporary duty status for a sufficient number of days beginning
1 October 2004 and was paid total per diem the equivalent of twenty-
nine (29) days of basic pay.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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