RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04532
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that on 12 Jan 12, he
elected to sell some of his accrued leave prior to entering into
his first extension of his enlistment.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was never briefed on the opportunity to sell back leave in
conjunction with the extension of his enlistment, and therefore
did not complete the mandatory AF Form 1089, Leave Settlement
Option. Because he was deprived of the opportunity to sell his
leave when he extended his enlistment, he eventually lost leave
at the end of the fiscal year..
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of staff sergeant (E-5).
According to AFI 36-2606, Reenlistment in the United States Air
Force, paragraph 5.11, accrued leave may be sold upon
reenlistment or entering into the first extension of an
enlistment, to include subsequent reenlistments. Airmen
document their leave sell option on an AF Form 1089. Changes
may be made no later than ten calendar days prior to entering
into the extension of enlistment and airmen reenlisting must do
so at any time before they reenlist.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial, indicating there is no evidence
the applicant requested or wanted to sell back leave at the time
he extended for retraining. On 12 Jan 12, the applicant
extended his enlistment for 23 months to obtain retainability
for retraining. Because this was his first extension, he was
authorized to sell back a maximum of 60 days of leave or carry
forward all accrued leave; he acknowledged his options in this
regard in the seventh block of Section III (Extension
Counseling) of the AF Form 1411, Extension or Cancellation of
Extensions of Enlistment in the Regular Air Force (REGAF)/Air
Force Reserve (AF Reserve)/Air National Guard (ANG). Therefore,
it is clear the applicant was advised of his entitlement. If
there is no AF Form 1089 on file, accrued leave is automatically
carried over.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
________________________________________________________________
APPLICANTS REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 21 Jan 13 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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. We took
notice of the applicants complete submission in judging the
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 or injustice.
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-2012-04532 in Executive Session on 10 Sep 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Oct 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 11 Jan 13.
Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13.
Panel Chair
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