RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03511
            INDEX CODE:  121.03

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  20 FEB 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

Twenty-four (24) days of leave be restored to his leave account.

___________________________________________________________________

APPLICANT CONTENDS THAT:

On 16 Aug 05, he was asked by the military personnel flight  (MPF),
about selling leave.  He had 91.5 day of leave until  his  date  of
separation.  He wanted to sell 31 days of leave and take 60 days as
terminal leave.  The MPF  advised  him  that  there  was  something
wrong.  So, the applicant, along with the MPF representative,  with
to the finance office, and they informed him that if he  wanted  to
sell leave he would have to do it  when  he  out-processed  through
finance; which was a day  prior  to  the  MPF  out-processing.   He
understood that since he was entering terminal  leave  three  weeks
past the beginning of the fiscal year, he would not be able to sell
any leave and would lose it.

He was further advised that since he could not sell his  leave,  he
would be able to take it all as terminal  as  long  as  he  entered
terminal leave prior to the fiscal year; finance’s  computer  would
not take any leave over 60 days.  While out processing at  finance,
he was then told that he would not be  able  to  take  all  of  his
terminal leave and that it did not matter if he entered leave prior
to the fiscal  year,  and  any  leave  over  60  had  already  been
forfeited.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was honorably released from active duty on 28 Dec 05  and
transferred to Air Force Reserve (Obligated Reserve Section) in the
grade of staff sergeant.

Based  on  information  from  the  Air  Force,  applicant’s  Master
Military Pay Account (MMPA) reflects he carried forward 60 days  of
leave at the beginning of FY05.  He earned 30 days of leave  during
FY05 and used 8 days.

AFI  36-3003,  para  4,  Military  Leave  Program,  Use  of  Leave,
recommends members be given the opportunity to take  at  least  one
leave period of 14 consecutive days or more each FY  and  encourage
them  to  use  the  30  days  of  leave  they  accrue  each   year.
Additionally, members can only carry forward 60 days of leave  each
FY without a special leave accrual (SLA) waiver.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPSFOC  recommended  restoration  of  22  days  of  leave,
stating, in part, that finance was correct in stating that as  long
as the applicant started his terminal leave prior  to  the  end  of
FY05, he would not lose the leave;  however,  applicant’s  terminal
leave was not updated in the system until 5 Oct  05,  which  caused
the leave to be lost.

A complete copy of the evaluation is at Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 2 Dec 05 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit C).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was timely filed.

2.  The application was not timely filed; however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to  demonstrate
the existence of  an  error  or  injustice.   After  reviewing  the
evidence of record, it appears that the applicant lost 22  days  of
leave,  not  24  days  as  he  contends.   The  office  of  primary
responsibility has indicated that the applicant’s  Master  Military
Pay Account (MMPA) reflects he carried forward 60 days of leave  at
the beginning of FY 05; he earned 30 days and used 8 days of  leave
during FY 05.  Finance was  correct  in  stating  as  long  as  the
applicant started his terminal leave prior to the end of FY 05,  he
would not lose the leave.  However, applicant’s terminal leave  was
not updated in the system until 5 Oct 05, which caused the leave to
be lost.  The applicant has not refuted the findings of the  office
of primary responsibility.  Therefore, in the absence  of  evidence
to the contrary, we accept the findings of the Air Force and  agree
with their recommendation that 22 days of leave should be  restored
to the applicant’s leave account.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show  that  twenty-two  (22)
days of leave were added to his leave account on 27  December  2005
and at the time of his separation, he was authorized to  receive  a
cash settlement of his unused accrued leave.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-03511 in Executive Session on 24 January  2006,  under  the
provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Mr. Jay H. Jordan, Member
      Mr. Vance E. Lineberger, Member

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

     Exhibit A.  DD Form 149, dated 27 Sep 05, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPF, dated 30 Nov 05.
     Exhibit D.  Letter, SAF/MRBR, dated 2 Dec 05.




                                   MARILYN M. THOMAS
                                   Vice Chair



AFBCMR BC-2005-03511




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
twenty-two (22) days of leave were added to his leave account on 27
December 2005 and at the time of his separation, he was authorized
to receive a cash settlement of his unused accrued leave.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency