RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02804
            INDEX CODES:  121.03, 136.01


            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 Mar 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be compensated for 33 days of unused leave and his retirement  date
be changed from 1 Feb 05 to  1  Nov  05,  with  recomputation  of  his
retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His retirement date was a mistake caused by  miscommunication  between
him and a military personnel  technician  at  his  Military  Personnel
Flight (MPF), which has caused him some hardships.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, and  other  documents  associated  with  the  matter  under
review.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was relieved from active duty on 31 Jan 05 and  retired  for
length of service,  effective  1  Feb  05,  in  the  grade  of  master
sergeant.  He was credited with 22 years, 2 months,  and  16  days  of
active service.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFFOC noted the applicant lost 35.5 days of leave  on  1 Feb 05.
He carried forward 59.5 days of leave at the beginning of Fiscal  Year
2004 (FY04).  He earned 30 days of leave during FY04 and used 31  days
of leave.  He carried forward 58.5 days of leave at the  beginning  of
FY05.  He earned 10 days of leave between 1 Oct 04 and 31 Jan  05  and
used eight days of leave.  He had 60.5 days of leave remaining  as  of
31 Jan 05.  Individuals can only sell back  60  days  of  leave  in  a
career.  The applicant previously sold 35 days of  leave  and  had  to
sell an additional 25 days for a total of 60 days of leave,  resulting
in a total of 35.5 days of lost accrued leave.

A complete copy of the AFPC/DPFFOC evaluation is at Exhibit C.

AFPC/DPF indicated the governing  instruction  recommends  members  be
given  the  opportunity  to  take  at  least  one  leave   period   of
14 consecutive days or more each fiscal year and  encourages  them  to
use the 30 days of leave they accrue each year.  Applicant provided  a
statement and source documents on his behalf explaining his situation.
 Due to the unforeseen timing of the applicant applying for retirement
and the receipt of official notification of his approved retirement on
16 Sep 04, his leave  opportunities  were  severely  hampered.   As  a
result, he was unable to take all  of  his  accrued  leave  before  he
retired.  Therefore,  they  recommend  that  35.5  days  of  leave  be
restored to his account.

A complete copy of the AFPC/DPF evaluation is at Exhibit D.

AFPC/DPPRRP recommended  denial  of  the  applicant’s  request  to  be
compensated for  33  days  of  unused  leave  and  adjustment  of  his
retirement date.  They noted that on 7 Sep 04, the  applicant  applied
for  a  retirement  date  of  1  Feb  05  and  signed  a   Retirements
Preapplication Checklist.  At the time of the applicant’s request,  he
had an active duty service commitment (ADSC)  of  31 Oct  05  for  his
promotion to the grade of master sergeant.  In order for the applicant
to request retirement at an earlier date, he had to request  a  waiver
to his ADSC under Force  Shaping.   He  also  signed  a  Statement  of
Understanding for Member Applying for Retirement/Separation under  the
Force Shaping Program.

On 16 Sep  04,  the  applicant's  Force  Shaping  waiver  request  was
approved and retirement orders were issued for a 1 Feb  05  retirement
date.

On 5 Nov 04,  the  applicant  submitted  an  AF  Form  1160  (Military
Retirement Actions), requesting a change of his retirement date from 1
Feb 05 to 1 Nov 05 stating the military personnel technician told  him
that he could retire on 1 Feb 05 with an effective date of 1  Nov  05.
He stated in a letter, dated 18 Oct 04,  that  he  did  not  yet  have
retirement orders, although his retirement orders were issued a  month
prior to his letter.  In addition, because an AF Form 1160  cannot  be
submitted more than 12 months in advance  of  a  requested  retirement
date, the applicant could not have requested a  1  Nov  05  retirement
date on 7 Sep 04.  In a 9 Nov 04 electronic mail (e-mail) to the  AFPC
retirements processing section, the superintendent of re1ocations  and
employments at Edwards AFB stated the  military  personnel  technician
involved was very thorough and a true expert in  retirements  who  the
applicant may not have understood, although the applicant did sign his
AF Form 1160 which had the retirement date he requested.

On 10 Nov 04, the applicant's request to change his retirement date to
1 Nov 05 was disapproved.  As he acknowledged by his  signature  on  7
Sep 04,  the  only  rationale  for  an  extension  to  his  retirement
permitted under Force Shaping was for a unique hardship.  Further,  he
also acknowledged  that  an  extension  for  the  purposes  of  taking
terminal leave  is  not  permitted.   According  to  AFPC/DPPRRP,  the
applicant still had sufficient time to use his leave prior  to  his  1
Feb 05 retirement date when this request was disapproved.

On 1 Dec 04, the applicant submitted  a  third  AF  Form  1160.   This
application again  requested  a  change  in  his  retirement  date  to
1 Nov 05.   Again,  the  applicant's   justification   was   that   he
misunderstood the military personnel technician, he  had  appointments
that would conflict with permissive temporary duty (PTDY) and terminal
leave, and that he was serving in a one-deep position.   The  military
personnel technician submitted a memorandum for record  on  2  Dec  04
that refuted the  applicant's  statement  he  was  miscounseled.   The
applicant's request to change his retirement date from 1 Feb 05  to  1
Nov 05 was disapproved on 15 Dec 04.

Instead of planning for a 1 Feb 05 retirement, the applicant submitted
a fourth AF Form 1160 on 15 Dec 04, this time requesting a  withdrawal
of his 1 Feb 05 retirement date.  In a 23 Dec 04 letter, the applicant
once again stated he did not understand he was applying for a 1 Feb 05
retirement date.  Further, he stated he was to appear in  court  on  3
Feb 05, a personal hardship, he would be unable to  take  his  accrued
leave, and that his skills were essential as a data  systems  analyst.
According to AFPC/DPPRRP, having a court appearance  three  days  into
the applicant's retirement did not meet  the  standards  for  hardship
consideration.

On 13 Jan  05,  the  applicant's  request  to  withdraw  his  approved
retirement was disapproved

AFPC/DPPRRP indicated that although  they  recommend  denial,  if  the
decision is for any relief, they recommend only payment for  the  days
of unused leave even though this would be in violation of the law.

A complete copy of the AFPC/DPPRRP evaluation, with attachments, is at
Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  detailed
response and additional documentary evidence  which  are  attached  at
Exhibit G.

_________________________________________________________________

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  a  thorough  review  of  the
available evidence, we  are  sufficiently  persuaded  that  corrective
action in the form of compensation for the applicant’s  35.5  days  of
lost leave is warranted.  We are not inclined  to  grant  his  request
that his retirement date be changed from 1 Feb 05 to 1  Nov  05,  with
recomputation of his retired pay.  In this respect, we agree with  the
opinion and recommendation of AFPC/DPPRRP and adopt their rationale as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of an error or injustice regarding his request  for  change  of
his retirement date.  In view of the foregoing, and in the absence  of
sufficient evidence to the  contrary,  we  recommend  the  applicant's
records only be corrected to the extent set forth below.

_________________________________________________________________

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 and  was  paid  total  per
diem in an amount equivalent to 35.5 days of basic pay.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-02804 in Executive Session on 30 Nov 05, under the provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Renee M. Collier, Member

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

    Exhibit A.  DD Form 149, dated 29 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFFOC, dated 31 Oct 05.
    Exhibit D.  Letter, AFPC/DPF, undated.
    Exhibit E.  Letter, AFPC/DPPRRP, dated 17 Oct 05, w/atchs.
    Exhibit F.  Letter, SAF/MRBR, dated 4 Nov 05.
    Exhibit G.  Letter, applicant, dated 8 Nov 05, w/atch.




                                   THOMAS S. MARKIEWICZ
                                   Chair




AFBCMR BC-2005-02804




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 , be corrected to show that he was in a temporary
duty status for a sufficient number of days and was paid total per
diem in an amount equivalent to 35.5 days of basic pay.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency