RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00392
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The leave she lost at the time of her retirement be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was never informed that 60 days is the maximum allowable days of
sellback leave. She received this information during outprocessing.
In support of her request, the applicant submits copies of her DD Form 214,
Certificate of Release or Discharge from Active Duty, and her AF IMT 988,
Leave Request/Authorization forms.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was honorably discharged on 31 Jul 09 for retirement. She
served 23 years 8 months and 25 days on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIM recommends denial. DPSIM states the applicant sold the
maximum allowable amount of leave (60 days) during her career.
Additionally, DPSIM notes Air Force Instruction 36-3003, Military Leave
Program, states that member’s must clearly establish that an error or
injustice caused their lost leave.
The complete DPSIM 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 9 Apr
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 error or injustice. The applicant has not provided
documentation which substantiates her claim that she was miscounseled
regarding the policy on selling back leave. 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. Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sough in this application.
_______________________________________________________________
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 AFBCMR BC-2010-00392 in
Executive Session on 19 Oct 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Aug 09, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIM, undated, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 9 Apr 10.
Panel Chair
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