RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00867
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be given the option to buy back up to 38 days of leave he sold
prior to his break-in-service when he left the Regular Air Force and
joined the Alaska Air National Guard (AKANG).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While out processing from Mountain Home AFB in preparation to join the
AKANG, he had a one-day break in service (18 March 2002) and was told
he had no choice but to sell his outstanding leave.
In support of his appeal, the applicant has provided a personal
statement, a copy of his DD Form 214, Certificate of Release or
Discharge from Active Duty, and a copy of his discharge paperwork.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant joined the Regular Air Force on 3 February 1991 as a
commissioned officer. He was progressively promoted to the grade of
major. He resigned his Regular commission effective 17 March 2002 and
was appointed in the Reserve grade of major by the AKANG effective 19
March 2002. He sold 38 days of leave as part of his out processing
from the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFF recommends denial. DPFF states leave earned during active
duty cannot be carried over to the ANG if there is a break in service.
DPFF confirmed with the Defense Finance and Accounting Service (DFAS)
that the applicant indeed had a one-day break in service. DPFF cites
Air Force Instruction (AFI) 36-3003, Military Leave Program, wherein
it is stated members’ application must clearly establish that an error
or injustice by the Air Force caused his lost leave. As he had a one-
day break in service, by regulation, he had to sell his leave as part
of his out processing from the Regular Air Force.
DPFF’s complete evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant contends the Air Force forced him to take a break in service
of one day thereby leading to his having to sell his leave prior to
accepting an appointment in the ANG. He notes the ANG tried
unsuccessfully to stop him from having to sell his leave. Other
officers hired after him from active duty have not had a break in
service and have not had to sell their leave.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. A problem has been identified with
the accession of active duty officers transferring directly to the Air
National Guard (ANG). The ANG required them to spend one day assigned
to the Air Reserve Personnel Center (ARPC) prior to their appointment
in the ANG. This situation has created unnecessary breaks in service
for the affected officers leading to other problems, not the least of
which is the Air Force requirement that leave balances be settled
prior to release from the Air Force. Therefore, on 15 November 2005,
the ANG changed their policy that required direct transfers from the
Air Force to spend a day assigned to ARPC by directing that any
officers accessed into the ANG from the Air Force with a break in
service after 1 July 2005 could have the break in service removed.
Inasmuch as the ANG has identified and changed the policy that has
caused unnecessary breaks in service and the applicant left the active
duty Air Force for a comparable active duty position with the ANG, we
feel he should not have been required to sell his leave. Therefore,
we recommend that the records be corrected as 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 he did not elect to
receive a cash settlement for thirty-eight (38) days of unused accrued
leave at the time of his appointment in the Air National Guard on 17
March 2002 and that 38 days of annual leave be added to his leave
account commencing 2 October 2005.
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 14 June 2006, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. James A. Wolffe, Member
Ms. Jan Mulligan, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 06, w/atchs.
Exhibit B. Letter, HQ AFPC/DPFF, dated 21 Apr 06, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 12 May 06.
Exhibit D. Letter, Applicant, dated 5 Jun 06.
CHARLENE M. BRADLEY
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
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Office Of The Assistant Secretary
AFBCMR BC-2006-00867
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 he did not
elect to receive a cash settlement for thirty-eight (38) days of
unused accrued leave at the time of his appointment in the Air
National Guard on 17 March 2002 and that 38 days of annual leave be
added to his leave account commencing 2 October 2005.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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