RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05430
COUNSEL: NONE
XXXXX HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
1. Fifteen days of leave be restored.
2. Twenty two and a half days of tax free leave be restored.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was deployed to Iraq for 356 days on an Indeterminate TDY
(ITDY) and was erroneously charged for 15 days of leave
authorized for rest and recuperation. Additionally, his travel
voucher filed upon return was processed incorrectly and he did
not receive Combat Zone Tax Exclusion (CZTE) for 22 and half
days of accumulated leave.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is an active duty lieutenant colonel. He was
deployed on an ITDY to Iraq, a designated CZTE location, from 5
April 2011 to 26 March 2012.
The applicant was charged for 15 days of leave for rest and
recuperation and 22 and a half days of leave were accumulated
while deployed; however, it was not designated as being tax
exempt.
In accordance with the Department of Defense Instruction (DoD)
Instruction 1340.25, Combat Zone Tax Exclusion (CZTE), the CZTE
authorization is unlimited for enlisted members and warrant
officers but is limited for commissioned officers to the maximum
monthly enlisted pay amount (equivalent to the service senior
enlisted leaders pay) plus the Hostile Fire Pay/Imminent Danger
Pay.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIM recommends restoring the 15 days of accrued leave.
DPSIM states that in accordance with Air Force Instruction,
36-3003, Military Leave Program, Rest and Recuperation programs
are for members in designated hostile-fire or imminent-danger
areas when military necessity restricts the annual leave program
and the use of ordinary leave. Iraq and Afghanistan were
designated as hostile fire locations and approved by United
States Central Command (USCENTCOM) policy for 15 days non-
chargeable leave for rest and recuperation.
The complete DPSIM evaluation is at Exhibit B.
DFAS-IN recommends denial of the request for tax exemption of
the 22 and half days of accumulated leave. Although the leave
was accumulated while deployed in a designated hostile-fire
location, the applicant exceeded the amount of pay (equivalent
to the services senior enlisted leader). The maximum pay,
including hostile fire/imminent danger, was $7,714.80 for 2011
and $8,921.70 for 2012. Records indicate the applicants
monthly pay, including hostile fire/imminent danger was
$8,921.70 and $9,264.30 for 2011 and 2012, respectively,
exceeding the authorized cap.
The complete DFAS-IN evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANTS REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force and DFAS evaluations were forwarded to
the applicant on 24 April 2013 for review and comment within
30 days (Exhibit D). 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 an error or injustice to warrant
approval of his request to restore 22 and half days of CZTE
leave. We took notice of the applicants complete submission in
judging the merits of this request; however, we agree with the
opinion and recommendation of DFAS and adopt its rationale as
the basis for our conclusion 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
this portion of his request.
4. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice to warrant
approving his request to restore 15 days of accrued leave.
After a thorough review of the facts and circumstances in this
case, we agree with the opinion and recommendation of DPSIM that
his leave should be restored. Therefore, in the interest of
justice, we recommend his records be corrected to the extent
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records relating to the applicant be
corrected to show that fifteen (15) days of leave be restored to
his leave account commencing 2 October 2013.
________________________________________________________________
_
The following members of the Board considered Docket Number BC-
2012-05430 in Executive Session on 5 September 2013, 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:
Exhibit A. DD Form 149, dated 21 November 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 2 February 2013
Exhibit C. Letter, DFAS-IN, dated 23 April 2013.
Exhibit D. Letter, SAF/MRBR, dated 24 April 2013.
Panel Chair
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