RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03925 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The 17.5 days of leave she lost in fiscal year (FY) 2010, be 
reinstated with 15 of those days being tax exempt. 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She requested 20 days of Permissive Temporary Duty (PTDY) for 
the period 13 Sep 2009 through 22 Oct 2009. In addition, she 
requested terminal leave for 89 days, which left a leave 
balance of 15.5 days. She requested to sell back 15 days of 
tax exempt leave. 

 

No one from the local Comptroller Squadron (CPTS) ever 
contacted her regarding whether her requests were correct or 
not. After receiving final pay in Jan 2010, she patiently 
waited for her leave settlement. 

 

In mid Feb 2010 she contacted Capt O. at the Pentagon CPTS who 
recalled her retirement. He advised her she should be paid 
$3112.00 for 15 days of tax exempt leave. He contacted the 11th 
CPTS at Bolling AFB and the Defense Finance and Accounting 
Service (DFAS) and was told the leave settlement was processed 
late due to a one month extension to Dec 2009, to allow for her 
retirement date of l Jan 20l0. This extension was completed, 
signed, and approved in Mar 2009; however, the local personnel 
office said they could not update the system until 1 Dec 2009, 
which was the first day of her extension. Capt O. advised her 
she should receive her leave settlement shortly. 

 

In Mar 2010, she again contacted Capt O. to advise she had not 
received the lost leave. He again contacted DFAS and was told 
her leave was being processed. 

 

In Apr 2010, she received a $933.00 check from the Department 
of Treasury, with no explanation. She did not receive a final 
Leave and Earnings Statement (LES), nor did she have access to 
“My Pay” since she was no longer on active duty. Consequently, 
she again contacted Capt O., who referred her to the 11th CPTS, 
Bolling AFB. However, after numerous phone calls she was 
unable to make contact with them. 


 

Admittedly she gave up after being disappointed and frustrated. 
However, she was reminded of the unjust leave error after going 
through her documentation and decided to submit a request to 
the Board. She could only assume the $933.00 check was for her 
incorrect leave payment. The 17.5 days of leave were never 
restored which would have corrected her leave balance to 
104.5 days, and reinstated the correct leave balance of 
15 days, which equated to $3112.00. 

 

In support of her request, the applicant provides copies of her 
Leave and Earnings Statements, AF IMT 988, Leave 
Request/Authorization, and a Memorandum from the 11th CPTS/FMFC. 

 

Her complete submission, with attachments, is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 30 Dec 2009, the applicant retired from the Regular Air 
Force in the grade of chief master sergeant (CMSgt, E-9). She 
served a total of 30 years and 27 days. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIM recommends denial due to the lack of supporting 
documentation. DPSIM states, the applicant’s LES reflects 
79.5 days was her protective leave balance going into fiscal 
year (FY) 2011 [sic]; however, at the beginning of 
FY 2011 [sic], her leave balance went from 94 days of leave to 
54 days of leave with 6.5 days of leave as use or lose. 

 

DPSIM states, on 14 Nov 2011, they sent a letter to the 
applicant requesting additional documentation to support her 
claim. Specifically, the signed extension by the 11th CPTS 
verifying the leave settlement was worked through DFAS. The 
applicant failed to provide the extension paperwork requested. 
Without the additional documentation, DPSIM is unable to give a 
sound recommendation. 

 

The complete DPSIM evaluation is at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 20 Mar 2012, for review and comment within 30 days 
(Exhibit C). As of this date, this office has not received a 
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 to warrant 
granting 15 days of tax exempt leave. In this respect, we note 
DoDI 1327.06, Leave and Liberty Policy and Procedures, states 
Combat Zone Tax Exclusion (CZTE) leave is applied to the first 
leave taken after departure from the combat zone regardless of 
when it was earned. Once the applicant used the first 15 days 
of her leave, she was no longer entitled to tax exempt leave. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend approval of 

her request. 

 

4. Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of error or 
injustice to warrant restoring 17.5 days to her leave account. 
In this regard, we note that DPSIM initially recommended 
disapproval of the applicant’s request; however, after reviewing 
the extension paperwork, DPSIM now recommends 17.5 days of leave 
be restored to her leave account and we agree. Accordingly, we 
recommend her 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 seventeen 
point five (17.5) days of leave were restored to her leave 
balance. 

 

________________________________________________________________ 

 

The following members of the Board considered this application 
in Executive Session on 22 May 2012, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

 

 


 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered in AFBCMR BC-2011-
03925: 

 

 Exhibit A. DD Form 149, dated 24 Sep 2011. 

 Exhibit B. Letter, AFPC/DPSIM, dated 8 Mar 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 20 Mar 2012. 

 

 

 

 

 

 Panel Chair