Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-03272
Original file (BC-2012-03272.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03272 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She receive a lump sum payment for her 60 days of accrued leave. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She had 60 days of leave prior to her separation from the Air 
Force. She was informed that she should have been able to sell 
back her leave. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 15 August 2008, the applicant was relieved from active duty 
and on 16 August 2008 placed on the Temporary Disability Retired 
List (TDRL) in the grade of captain. She served 10 years, 
6 months and 19 days of active service for retirement and 
18 years, 2 months and 28 days of service for basic pay. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

DFAS-IN recommends denial. DFAS states the applicant’s Master 
Military Pay Account (MMPA) reflects a final check in the amount 
of $11,208.23 was issued on 18 August 2008. This payment was for 
pay and allowances from 1 through 15 August 2008 as well as for 
the 60 days of leave remaining on her account. 

 

The DFAS-IN complete evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

 

 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 


On 1 October 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 30 days 
(Exhibit C). As of this date, no response has been received by 
this office. 

 

_________________________________________________________________ 

 

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. The 
applicant’s contentions are duly noted; however, 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. Therefore, we find no basis to recommend granting 
the relief sought in this application. In order to facilitate 
the applicant’s understanding of the monies paid to her, we have 
obtained a copy of her Leave and Earnings Statement for the 
period 1 through 30 September 2008, which includes payment for 
60 days of leave. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2012-03272 in Executive Session on 5 March 2013, under 
the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03272 was considered: 

 

 Exhibit A. DD Form 149, dated 5 July 2012, w/atchs. 

 Exhibit B. Letter, DFAS-IN, not dated. 

 Exhibit C. Letter, SAF/MRBR, dated 1 October 2012. 

 

 

 

 

 



Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-03272

    Original file (BC-2004-03272.DOC) Auto-classification: Approved

    A complete copy of the Air Force evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 7 January 2005, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days. After reviewing the evidence of record, we agree with the findings and recommendation of the Joint Personal Property Shipping Office and adopt its rationale as the basis for our decision that the...

  • AF | BCMR | CY2012 | BC-2012-05181

    Original file (BC-2012-05181.txt) Auto-classification: Denied

    In January 2011, she closed her account, yet DFAS continued to send payments. She received an entry level separation and her service was uncharacterized. The applicant contends she was not notified of the debt, yet, the bank statements provided shows receipt of payment through January.

  • AF | BCMR | CY2012 | BC-2012-01548

    Original file (BC-2012-01548.pdf) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 22...

  • AF | BCMR | CY2008 | BC-2007-03242

    Original file (BC-2007-03242.doc) Auto-classification: Approved

    She used 15 days during FY07. Additionally, paragraph 4.1.4, Use of Leave, recommends members be given the opportunity to take at least one leave period of 14 consecutive days or more each FY and encourages them to use the 30 days of leave they accrue each year. After a thorough review of the evidence of record and the documentation submitted in support of her appeal, we find no evidence that at the time of her separation from the Air Force, a condition existed that rendered her unable to...

  • AF | BCMR | CY2009 | BC 2009 01138

    Original file (BC 2009 01138.txt) Auto-classification: Denied

    She made no election during that time and was automatically enrolled in Option C, "Immediate Annuity for spouse." Included with the letter was some general information on retired pay, the appropriate pay application forms, and information regarding her RCSBP election of automatic option "C." When the applicant filled out her application for retired pay DD Form 2656, she changed her election from spouse to electing not to participate in SBP. The Legal Advisor states the applicant may in...

  • AF | BCMR | CY2009 | BC-2009-01138

    Original file (BC-2009-01138.txt) Auto-classification: Denied

    She made no election during that time and was automatically enrolled in Option C, "Immediate Annuity for spouse." Included with the letter was some general information on retired pay, the appropriate pay application forms, and information regarding her RCSBP election of automatic option "C." When the applicant filled out her application for retired pay DD Form 2656, she changed her election from spouse to electing not to participate in SBP. The Legal Advisor states the applicant may in...

  • AF | BCMR | CY2014 | BC 2014 01627

    Original file (BC 2014 01627.txt) Auto-classification: Denied

    According to DFAS’ Debt Computation Details, included in the aforementioned letter, the applicant’s debt in the amount of $8,079.75 was computed as follows: Item Total Amount Total Entitlements (Includes a lump sum leave payment of $3,865.46 for 13.5 days of leave) $15,454.96 Less Total Deductions -$12,182.38 Less Total Payments -$11,352.33 Total Owed (In debt) ($8,079.75) The applicant’s DD Form 214 reflects her separation date as 30 August 2013. The complete FMFF evaluation is at Exhibit...

  • AF | BCMR | CY2009 | BC 2009 00776

    Original file (BC 2009 00776.txt) Auto-classification: Denied

    Title 10 USC, Section 1174h requires SSB payments must be recouped from any future military retired pay by withholding a percentage of the retired pay until the gross amount is collected. On 25 November 2008, the applicant received notification from DFAS that her SSB would begin to be recouped from her monthly retired pay in the amount of $1,703.53 beginning with her pay check dated, 2 February 2009. We took notice of the applicant's complete submission in judging the merits of the case;...

  • AF | BCMR | CY2010 | BC-2010-03963

    Original file (BC-2010-03963.txt) Auto-classification: Denied

    The applicant completed an election to decline SBP coverage; however, her husband’s concurrence was dated prior to the date of her signature, invalidating the election. DPSIAR on 5 November 2010, they requested the applicant obtain a notarized statement signed by her husband to acknowledge he understands retired pay ceases when the applicant dies and approval of her request would result in him receiving no monetary benefit from the Air Force upon her death. As of this date, this office has...

  • AF | BCMR | CY2012 | BC-2012-01863

    Original file (BC-2012-01863.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01863 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: Her Survivor Benefit Plan (SBP) option be corrected to establish coverage for another natural person with an insurable interest (NIP) due to the death of her previous beneficiary. In support of her request the applicant submits a...