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AF | BCMR | CY2005 | BC-2005-01394
Original file (BC-2005-01394.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01394
            INDEX CODE:  121.03
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  28 Oct 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to reflect he was not paid a total of  44  days
of accrued leave as of 14 Nov 00, and that he be paid for 14  days  of
leave he accrued at the end of his recent extended active  duty  (EAD)
tour on 14 Apr 05.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In his Reserve and active duty career, he has not sold back that  many
cumulative leave days at the end of all previous  active  duty  tours.
The record indicated that he was paid for a total of 44 days  on/about
14 Nov 00, which would mean he would have to have been on a continuous
active duty status for the 18 months leading up to that date  and  not
have taken any leave during the entire period to have accrued a  total
of 44 days.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is an Air Force Reserve captain who recently  served  on
active duty as an intelligence operations  specialist  from  8 Mar  to
1 Jul 00.  Based on source documents provided  by  HQ  AFRC/FMFQ,  the
applicant sold the following days of leave:

      Pay Date         Leave Sold Duty Location

       3/08/00           1.5      Maxwell AFB
       7/17/00           3.5      Maxwell AFB
      11/01/00           4              Maxwell AFB
       7/07/99           6              Maxwell AFB
       7/31/98           2.5      Charleston AFB
       1/24/96           5.5      Keesler AFB
       4/15/96            .5      Keesler AFB
      10/11/95           1.5      Keesler AFB
       5/05/95           4              Keesler AFB
       3/17/95           3.5      Keesler AFB

In addition to the 32.5 days  above,  the  applicant  sold  11.5  days
between 1 Mar 93 and 16 Aug 94, for a total of 44 days of leave.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/FMFQ indicates that original source  documents  received  from
the applicant’s unit of assignments indicate a total  of  44  days  of
accrued leave were sold.  This leave was sold in small increments from
Mar 93 through Dec 00.  Based on  this  finding,  they  recommend  the
applicant’s request be denied.

A complete copy of the evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 26 Aug 05 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded he should be paid for 44 days of leave.  He also claimed  he
was denied pay for 14 days of leave accrued at the  end  of  his  most
recent (2005) active duty tour but provides no documentation regarding
this issue.  The applicant’s contentions are duly noted;  however,  we
do not find these uncorroborated assertions,  in  and  by  themselves,
sufficiently  persuasive  to  override  the  evidence  and   rationale
provided by the Air Force.  The applicant appears to have  sold  small
increments of leave from Mar 93 through Dec 00 for a total of 44 days.
 We therefore adopt the rationale  expressed  as  the  basis  for  our
decision that the applicant has not sustained  his  burden  of  having
suffered either an error or an injustice.  In view of  the  above  and
absent persuasive evidence to the  contrary,  we  find  no  compelling
basis to recommend granting the relief sought.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 Nov 05 under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Sue A. Lumpkins, Member
                 Mr. James L. Sommer, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01394 was considered:

   Exhibit A.  DD Form 149, dated 21 Apr 05, w/atchs.
   Exhibit B.  Letter, HQ AFRC/FMFQ, dated 24 Aug 05.
   Exhibit C.  Letter, SAF/MRBR, dated 26 Aug 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

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