RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02550
INDEX CODE: 121.03
COUNSEL: Manuel Fuentes
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
50 days of leave be restored to his leave account.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was forced to take leave because he was wrongfully dismissed from
duty. He filed a complaint with the Inspector General (IG) in Jackson,
MS. As a result of the IG’s findings, he was placed back on orders but
had already used his leave.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a member of the Mississippi Air National Guard (MSANG),
was serving as an instructor at the Regional Counter-Drug Training
Academy (RCDT) in the grade of technical sergeant (TSgt). On 25
September 2003, he violated RCTA policy regarding staff/student
relationships. Consequently, the Commandant of the training center
issued him a Counseling Statement and a Letter or Reprimand to remain
in his file for one year. On 15 April 2004, the Commandant initiated
a Notification of Intent to Release the applicant for misconduct and
violation of the sexual harassment policy. Applicant was to be
separated from his tour with the RCDT effective 6 June 2004. Soon
after, in response to his belief he was being punished again for the
same offense, he requested assistance from the Inspector General (IG).
The IG recommended he be reinstated to the RCTG program and to resume
his duties. Applicant resumed his duties on 14 June 2004.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI contends applicant was notified he
would be terminated from the Regional Counter-Drug Training Academy
(RCTA) for violating rules concerning fraternization with students
attending the academy. When he received the Notification of Intent to
Release from Counter-drug Orders for misconduct and violation of the
Sexual Harassment policy, he made application for, and received
approval to use his remaining leave in terminal leave status. While
on terminal leave, he filed a complaint with the Mississippi IG. The
ensuing investigation led to his reinstatement to RCTA.
DPPI concedes while it is unlikely he would have taken 52 consecutive
days were his release from active duty not imminent, according to AFI
36-3003, members separated for cause will have the FSO determine
payment for, use of, or forfeiture of accrued leave at the time of
separation. Applicant applied for leave and it was granted.
DPPI’s complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8
April 2005 for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 regarding the restoration of 50
days of leave to the applicant’s leave account. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. While it is unlikely he would have taken 50
consecutive days of leave if not for the termination of his tour, the
fact remains he applied for and was granted the leave along with
associated pay and allowances. Therefore, in the absence of evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought in this application.
4. Notwithstanding the above, we note the result of a thorough JFH-IG
inquiry resulted in a recommendation to reinstate the applicant.
Consequently he was returned to duty effective 14 June 2004.
Therefore, the Board recommends his records be corrected to the extent
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 on 7 June 2004, he was
not released from his position, but on that date he continued to serve
with the Regional Counterdrug Training Academy and the Mississippi Air
National Guard.
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 7 July 2005, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sue A. Lumpkins, Member
Mr. James W. Russell, III, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Aug 04.
Exhibit B. Letter, ANG/DPPI, dated 25 Mar 05, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 8 Apr 05.
RICHARD A. PETERSON
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2004-02550
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 APPLICANT, be corrected to show that on 7 June 2004,
he was not released from his position, but on that date he continued
to serve with the Regional Counterdrug Training Academy and the
Mississippi Air National Guard.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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