AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00670
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His three (3) days of excess leave be restored and his debt of
$1,425.68 be removed.
2. As an alternative, he be recalled to active duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The finance office made an error in calculating his days of leave
and he is not sure why it took 9 months after his retirement to
notify him of this error.
On 27 Apr 12, he sent a letter stating the only document he had
was the AF IMT 988, Leave Request/Authorization, for his
permissive TDY and terminal leave. His leave request dates were
based on his 1 Mar 22 retirement date. The error was clearly
made by the finance office and he should not be penalized for
their error.
In support of his request, the applicant provides a copy of DFAS-
IN Form 0-641, Statement of Military Pay Account, a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and a personal statement.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Apr 12, AFPC/DPSIM sent the applicant a letter requesting
additional supporting documentation in order for them to
substantiate his claim. Specifically they requested he provide a
letter from his commander verifying the circumstances that
transpired along with a letter from the finance office stating he
was miscounseled.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial stating the governing instructions
state that the member must clearly establish that an error or
injustice by the Air Force caused the lost leave.
The complete DPSIM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant is not sure what one day of leave has to do with
his request as noted by AFPC/DPSIM. His dispute is that in Oct
11, the Defense Finance and Accounting Service (DFAS) mailed him
a bill stating that he owes the Air Force $1,425.68. The reason
he has a debt is because he took more terminal leave than he was
authorized. When the finance technician calculated the number of
days of leave he failed to add the 2½ days of leave that he
earned while in a permissive TDY status. He did not notice this
mistake and believes that it was not his responsibility to catch
the mistake. The only documentation he has is the AF Forms 988
that was approved by his finance office.
As an alternative, if the Air Force Board for Corrections of
Military Records (BCMR) does not approve his request, he requests
to be brought back on active duty.
The applicant’s complete submission, with attachments, is at
Exhibit E.
_________________________________________________________________
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. While the
applicant’s contentions are duly noted, the applicant has not
provided sufficient evidence to establish that he has been a
victim of an error or injustice. In this respect, the applicant
has not shown that he performed due diligence with regard to
reconciling his leave and earning statement and determining his
accurate leave balance prior to submitting his leave request.
Additionally, he has not provided documentation to substantiate
2
he was miscounseled or provided a letter from his commander in
support of his request. 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 that the
applicant has not been the victim of an error or injustice. In
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought 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 Docket
Number BC-2012-00670 in Executive Session on 20 Sep 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Feb 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 21 Jun 12.
Exhibit D. Letter, SAF/MRBR, dated 26 Jul 12.
Exhibit E. Letter, Applicant, dated 30 Jul 12.
Panel Chair
3
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