AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01234
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be reimbursed for 60 days of annual leave he lost upon
retirement in FY04.
2. He be paid Temporary Duty (TDY) expenses he would have been
paid had be used his authorized permissive TDY for house and job
hunting rather than continuing to work, as well as overseas
housing Permanent Change of Station (PCS) allowance he deserves
for remaining in the local area until retirement.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not properly reimbursed for unused annual leave he was
owed at retirement. He did not use the permissive TDY he was
authorized due to his reporting to duty until the day he
departed his final duty station at Izmir Air Station, Turkey.
Although he remained in the local area in off base quarters, he
did not receive a temporary housing or PCS allowance. It is
right to be reimbursed proper compensation and leave earned and
not used.
In support of his request, the applicant provides copies of an
SF600e, Patient Encounter Form, and his DD Form 214, Certificate
of Release or Discharge from Active Duty.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered active duty on 29 Feb 84,
retired on 30 Apr 04, and was credited with 20 years, 2 months,
and 2 days of active duty service.
IAW AFI 36-3003, Military Leave Program, a one-time sell back of
leave is authorized for enlisted Service members, however, such
a sell back counts towards the Service member’s cap of selling
back 60 days over a career.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial, indicating there is no evidence of
an error or injustice. The applicant earned 17.5 days of leave
during Fiscal Year 2004 (FY04). He used 16 days of ordinary
leave during the period 19 Dec 03 through 3 Jan 04, and 4 days
of ordinary leave during the period 12 Mar 04 through 15 Mar 04.
In addition, he used 19 days of permissive TDY leave during the
period 12 Apr 04 through 30 Apr 04. His permissive TDY from
12 Feb 04 through 1 Mar 04 was cancelled. He sold back the
maximum of 60 days of leave in FY04. The applicant lost 8.5
days of leave upon retirement because they were not used, and
could not be sold back because he had previously sold back the
maximum number of days. AFI 36-3003 indicates that a member’s
application must clearly establish an error or injustice by the
Air Force caused the member’s lost leave. In this case, the
member had previously sold the maximum authorized for a career,
so no error existed.
A complete copy of the AFPC/DPSIM evaluation, with attachment,
is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant repeats his initial contentions, and states he
never received a Leave and Earnings Statement (LES) and truly
cannot recollect proper payment. He mentions he also did not
receive dislocation allowance, and requests proof of payment be
sent to him (Exhibit E).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant’s complete submission in judging the
2
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice
concerning his leave balance. Further, the Board notes the
applicant submitted no evidence to substantiate his claim his
final payment was in error with respect to permanent change of
station related costs and allowances at the time of receipt of
said payment, and submitted no such evidence with this
application. Therefore, 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-01234 in Executive Session on 31 Aug 12, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 20 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 21 Jun 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 26 Jul 12.
Exhibit E. Letter, Applicant, dated 20 Aug 12.
, Panel Chair
, Member
, Member
3
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