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AF | BCMR | CY2010 | BC-2009-02458
Original file (BC-2009-02458.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02458
            INDEX CODE:  121.03
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to sell back 93 days of accrued leave.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was unable to take leave because of his position and  was  penalized  for
being a dedicated officer.  During out-processing, he was informed he  could
sell back 93 days  of  his  accrued  leave.   He  was  the  sole  individual
assigned to his office and had to  attend  mandatory  meetings  and  perform
frequent Temporary Duty (TDY) assignments.  Due  to  administrative  errors,
he was required to out-process in weeks instead of months.

In  support  of  the  application,  the  applicant  submits  copies  of  his
retirement order and leave and earnings statements.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was relieved from active duty on 31 May 09 and was retired  on
1 Jun 09 in the grade of colonel.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits B and C.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1PS recommends denial.   A1PS  states  there  is  no  evidence  of  any
allowance under which authorization can be issued for payment  of  leave  in
excess of 60 days.  In accordance with the governing Air Force  instruction,
effective 10 Feb 76, payment of accrued leave is limited to  60  days  in  a
military career.  A1PS  notes  reserve  component  members  who  complete  a
period of active duty in which leave was accrued and are not able  to  carry
over leave into another active duty tour are paid for that  leave;  however,
payment for accured leave counts toward the career cap and cannot exceed  60
days.

The complete A1PS evaluations, with attachments, are at Exhibits B and C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  18
Mar 10, for review and comment within  30  days.   As  of  this  date,  this
office has received no response (Exhibit D).

_________________________________________________________________

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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however, we do not find his  uncorroborated  assertions  sufficiently
persuasive to override the rationale  provided  by  the  office  of  primary
responsibility.  In that regard, we note  the  applicant  has  already  sold
back the maximum amount of leave authorized.  Therefore, 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  the
applicant has not been the victim of an error or injustice.  In the  absence
of persuasive evidence to the  contrary,  we  find  no  basis  to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_______________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_______________________________________________________________

The following members of the Board considered this application in  Executive
Session on 18 May 10, under the provisions of AFI 36-2603:

      Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-02458:

    Exhibit A.  DD Form 149, dated 30 Jun 10, w/atchs.
    Exhibit B.  Letter, NGP/A1PS, dated 6 Mar 10 w/atchs.
    Exhibit C.  Letter, NGP/A1PS, dated 16 Mar 10.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Mar 10.




                                   Chair



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