RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01857
		 

			COUNSEL:  NONE

			HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

89.0 days of leave be returned to his Leave and Earnings Statement (LES), leave balance.  


APPLICANT CONTENDS THAT:

In 2008, he was a Title-32 AGR member with the Michigan Air National Guard (ANG).  In 2009, he entered on Title-10 orders for an overseas assignment and still maintained his ANG status.  In April 2010, when he transferred from the Title-10 orders with the ANG to a Title-10 assignment with the Air Force Reserve he noted his LES leave balance dropped to 0 days.  He requests leave days, 32.5 in January 2009, and 56.5 in March 2010, neither taken, nor paid, be returned to his LES balance, with appropriate waivers due to systemic inability to use leave over the past three years.  

In support of his request, the applicant provides copies of special orders pertaining to his AF Reserve and Air National Guard assignments, Leave and Earnings Statements (LES), Case Management System (CMS) documents, email correspondences and an ACP recoupment document.  

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


STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of Lieutenant Colonel, O-5.  



AIR FORCE EVALUATION:

NGB/FMFF recommends approval.  FMFF states the applicant transferred from Active Guard/Reserve (AGR), Title 32 status, to Traditional Guard status, to Military Personnel Appropriation (MPA), Title 10 status, then to AGR – Reserve status.  The applicant incurred erroneous debts and lost days of leave due to transfer of status and payment of an erroneous debt.  FMFF further states that in accordance with (IAW) AFI, 36-3003, Military Leave Program, and DoD 7000.14-R, Financial Management Regulation, “a member who is discharged or separated under honorable conditions is entitled to payment of unused accrued leave unless the member continues on active duty under conditions that require accrued leave to be carried forward or, in the case of a Reserve Component member, the member elects to have the leave carried forward to the member's next period of active service.”  

The applicant previously sold 27.5 days on 31 Mar 2005.  Per AFI 36-3003, members are authorized to sell a career total of 60 days of leave.  This left the applicant with the ability to sell 32.5 days; however, he lost 24.5 days.  Their audit finds that DFAS cleared the erroneous ACP debt, as well as refunded the monies collected for the 32.5 days leave that had been sold.  They recommend that 24.5 days (lost leave days) be restored to the applicant’s record provided he does not exceed the 60-day carry-over per AFI 36-3003, paragraph 4.6.  

The complete NGB/FMFF evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his request, the applicant responded in an email message and acknowledged that the 89.0 leave days have been returned, however, he has no record of receiving an electronic deposit or paper LES statement for 17.0 days of leave sold in 2009, as he has requested.  He states that as a United States Air Force Academy (USAFA) calculus instructor, he is only allowed to take leave in the summer for three weeks and in the spring for one week, depending on his duties.  Currently he has 97 days of leave and will accrue an additional 17.5 days of leave (114.5), but will only be able to use 36 days by September 2014.  He will have a remainder of 78.5 days and an additional 17.0 days carried over from 2009.  He would like a waiver to be able to use the leave within the same four (4) year timeframe that they were withheld.  He requests that:

	He receives payment confirmation of 17.0 days of leave sold in 2009 in the form of either an electronic or paper Leave or 	Earnings Statement (LES).  
	
	He receives a waiver for all days of leave earned that he has not been allowed to use in the last four (4) years.  

	He receives a waiver to maintain 95.5 additional days of leave to be used in the same four (4) year timeframe that they were 	withheld.  

	His erroneous debt recoupments during the period from January 2009 through July 2010 be resolved.  


The applicant’s complete response, with attachments, is at 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 error or injustice to warrant corrective action with regard to his supplementary requests for relief identified in his electronic rebuttal to receive payment confirmation of 17.0 days of leave sold in 2009 in the form of either an electronic or paper Leave or Earnings Statement (LES); he receive a waiver for all days of leave earned that he has not been allowed to use in the last four (4) years; he receive a waiver to maintain 95.5 additional days of leave to be used in the same four (4) year timeframe that they were withheld; and that his erroneous debt recoupments during the period from January 2009 through July 2010 be resolved.  After a thorough review of the evidence of record and the documentation submitted in support of his appeal, we find that these requests require appropriate Air Force office of primary responsibility evaluation(s) in order to assist the Board in determining if a material error or injustice has occurred.  Therefore, we advise the applicant to formally apply for correction of these requests under a separate application.  

4.  Notwithstanding our determination above, we note the requested relief for 89.0 days of leave be restored to his current leave balance has been corrected and is reflected on his Defense Finance and Accounting Service (DFAS) Leave and Earnings Statement (LES) dated 1-28 February 2014.  As such, further Board action on this request is not required.  

5.  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 issue(s) involved.  Therefore, the request for a hearing is not favorably considered.


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 this application in Executive Session on 3 June 2014, under the provisions of AFI 36-2603:

		, Panel Chair
     		, Member
		, Member


The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01857 was considered:

    Exhibit A.  DD Form 149, dated 12 April 2013, w/atchs.
    Exhibit B.  Letter, NGB/FMFF, dated 19 June 2012.
    Exhibit C.  Letter, SAF/MRBR, dated 26 July 2012.
    Exhibit D.  Electronic mail, Applicant, dated 19 March 2014, w/atchs.