RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02662
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be eligible to sell 30 days of leave.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He signed a contract to sell 30 days of leave in conjunction
with his extension of enlistment to qualify for Post 9/11 GI
Bill Transfer of Education Benefits (TEB). He was told he would
receive payment upon entering the extension on 7 Mar 2013 but
has not received any payment.
He contacted the Vandenberg AFB (VAFB) CA, Military Personnel
Section (MPS) and was told that they would open a case for his
new base, Andersen AFB, Guam, to work.
He has no records to substantiate his request and was advised by
the MPS at VAFB, that they shred all documents upon scanning
them into their system.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade
of Technical Sergeant (TSgt).
On 5 Nov 2010, the applicant signed an AF Form 1411, Extension
or Cancellation of Extension of Enlistment in the Regular Air
Force (REGAF)/Air Force Reserve (AF Reserve)/Air National Guard
(ANG), extending his enlistment for 20 months to qualify for
TEB.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. The applicant does not have any
evidence to support his claim of selling 30 days of leave in
conjunction with his 5 Nov 2010 extension. The applicants
extension contract was executed correctly and there is no
evidence of an AF Form 1089, Leave Settlement Option. Since
this was the applicants first extension on his enlistment, he
was eligible to sell back leave. However, there is no AF Form
1089 which is required to sell leave. The MPS opened a Case
Management System (CMS) inquiry to ask what the applicants
options were; and the case was closed stating that the only
option was for the applicant to apply to the Board for a
correction to his records if he believed his record to be in
error since there was no evidence to support his claim.
The complete DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANTS REVIEW OF AIR FORCE EVALUATION:
On 5 Aug 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, this office has not received a response (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. 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 and adopt its
rationale as the basis for our conclusion that 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 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-2013-02662 in Executive Session on 3 Apr 2014 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 May 2013.
Exhibit B. Applicants Military Personnel Records
Exhibit C. Letter, AFPC/DPSOA, dated 10 Jul 2013.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 2013.
Panel Chair
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