RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00810
INDEX CODE: 121.03
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Eleven days of leave that he lost while taking retirement terminal leave be
restored.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not made aware of the fact that he would lose 11 days of ordinary
leave if he did not take them before beginning retirement terminal leave on
25 September 2007.
In support of his appeal, he has provided copies of a letter from his
commander supporting the leave restoration, and approved Leave Request
Authorization forms submitted through his Orderly Room, Commander, and the
Military Personnel Flight.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant carried forward 60 days of ordinary leave at the beginning of
Fiscal Year 2008 (FY08). During FY08, he earned 5.5 days of leave while
using 67 days, resulting in a negative leave balance of -1.5 days. He sold
back 50 days of ordinary leave throughout his Air Force career.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIMC recommends the applicant be granted partial relief by restoring
10 days of ordinary leave. Air Force Instruction 36-3003, Military Leave
Program, states, in part, that a member’s application must clearly
establish an error or injustice by the Air Force caused a member to lose
leave. On 28 August 2007, the applicant requested 76 days of terminal
leave which was approved by his commander. The leave request was
subsequently processed and approved by the finance office. However, since
the applicant had only accrued 71 days of leave and would lose 11 of those
days on 1 October 2007, the finance office should have returned the leave
request for correction and briefed him as to the discrepancy. Had the
applicant been informed of the discrepancy, he could have taken the
additional 11 days of leave prior to 1 October 2007, thus preventing the
loss of those days. Since the applicant sold back 50 days of leave during
his career, he is only eligible, by law, to receive compensation for 10 of
the 11 lost days.
The AFPC/DPSIMC evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 11
April 2008, for review and comment, within 30 days. However, 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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. We note the applicant previously
sold back 50 days of ordinary leave; however, evidence has been presented
that had he been properly informed as to the possibility of losing 11 days
of ordinary leave, he could have taken the ordinary leave prior to
beginning his terminal leave, thus preventing the loss of those days.
Therefore, we recommend 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:
a. He was in a temporary duty status for one (1) day beginning
on 24 September 2007, and was paid total per diem the equivalent of one (1)
day of basic pay.
b. Ten (10) days of leave were added to his leave account
commencing on 2 October 2007, and at the time of his release from active
duty on 31 December 2007, he was authorized to receive cash settlement for
an additional ten (10) days of unused leave.
________________________________________________________________
The following members of the Board considered Docket Number BC-2008-00810
in Executive Session on 3 June 2008, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Clarence R. Anderegg, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Feb 08, w/atchs.
Exhibit B. Letter, AFPC/DPSIMC, undated, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 11 Apr 08.
KATHLEEN F. GRAHAM
Panel Chair
AFBCMR 2008-00810
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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that:
a. He was in a temporary duty status for one (1) day
beginning on 24 September 2007, and was paid total per diem the equivalent
of one (1) day of basic pay.
b. Ten (10) days of leave were added to his leave account
commencing on 2 October 2007, and at the time of his release from active
duty on 31 December 2007, he was authorized to receive cash settlement for
an additional ten (10) days of unused leave.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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