RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04520
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be paid for 76.5 days of leave.
2. His retirement pay be recalculated to include the 76.5 days of
leave.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not receive pay for the days he accumulated. He was
misled to believe that the leave days would automatically be paid
to him at the time of his retirement; however, he was later
advised by the Military Pay Office that there would be an audit
which would settle any discrepancies. Unfortunately, the audit
results did not happen until the last week prior to his
retirement. He was unaware that earlier in his career he sold
back leave and was not allowed to sell any more than 9 days of
leave. Had he known that he would not be allowed to sell back
his leave days, he would have appropriately managed his schedule.
Needless to say, he was very disappointed to find out he would
not be paid for his time. Losing these days was a great
financial loss. He feels the real injustice is the short fall he
will receive in his monthly pension checks over his lifetime.
In support of his request, the applicant provides a copy of his
Leave and Earning Statements, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of
his retirement order, and a copy of his award citation.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicants military records, are contained in the letters
prepared by the appropriate offices of the Air Force.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends denial. A1PS states that Title 10 U.S.C.,
Section 501, limits the number of days that can be paid to a
member during their career to 60 days. A1PS notes that the
Special Leave Accrual (SLA) allows a member to carry over leave
in excess of 60 days when deployments or assignments to
designated operational missions at the national level prohibit
members form using leave; however, there is no provision in law
that allows members to sell back anything over the 60 day
military career limit.
The NGB/A1PS complete evaluation, with attachments, is at Exhibit
B.
NGB/A1PS (Customer Support Policy Branch) recommends denial.
A1PS concurs with the subject matter expert advisory.
The NGB/A1PS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 4 Feb 11 for review and comment within 30 days. As
of this date, this office has received no response.
_________________________________________________________________
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. In this reqard,
the applicant requests payment for 76.5 days of leave and that
his retirement pay be recalculated to include the 76.5 days of
leave. He claims he was led to believe that the leave days he
had accrued would automatically be paid to him at the time of his
retirement; however, he provides no documentation regarding this
issue. The applicants contentions are duly noted; however, we
do not find these uncorroborated assertions, in and by
themselves, sufficiently persuasive to override the evidence of
record and the rationale provided by the Air Force office of
primary responsibility. As indicated by the OPR the applicant
sold leave earlier in his career. We note, however, that Title
10 U.S.C., Section 501, limits the number of days that can be
paid to a member during their career to 60 days. Therefore we
adopt the rationale expressed as the basis for our decision that
the applicant has not sustained his burden of having suffered
either an error or an injustice. In view of the above and absent
persuasive evidence to the contrary, we find no basis to
recommend granting the relief sought.
_________________________________________________________________
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 Docket
Number BC-2010-04520 in Executive Session on 19 Apr 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Nov 10, w/atchs.
Exhibit B. Letters, NGB/A1PS, dated 14 Jan 11 and 27 Jan 11.
Exhibit C. Letter, SAF/MRBR, dated 4 Feb 11.
Panel Chair
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