RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03555
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge From Active
Duty, be corrected to amend Block 16, Days Accrued Leave Paid,
to reflect 60 rather than 0.
________________________________________________________________
APPLICANT CONTENDS THAT:
He sold back 60 days of leave when he retired.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force in the grade of
colonel (O-6) during the matter under review.
On 1 Jun 13, the applicant retired from the Regular Air Force.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends approval to update Block 16 of the
applicants DD Form 214 to reflect he sold 60 days of accrued
leave. The applicants Master Military Pay Account (MMPA)
reflects he sold back 60 days of leave on 20 Jun 13. He took
appropriate action to sell the maximum 60 days of leave prior to
retiring from active duty.
Title 37, U.S.C., Section 501, is the authority for payment for
accrued leave upon reenlistment, retirement, separation under
honorable conditions, or death. Service members are limited to
payment for 60 days of accrued leave during their military
career. A military career includes former service in enlisted
or officer status. Cumulative payment for accrued leave as an
enlisted member, officer, or both cannot exceed 60 days.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 30 Apr 14 for review and comment within 30 days
(Exhibit D). 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 timely filed.
3. Sufficient 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 and agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has been
the victim of an error or injustice. We further note that the
Air Force OPRs have determined the applicants DD Form 214,
Certificate of Release or Discharge from Active Duty, should be
corrected administratively to reflect he was awarded the Defense
Superior Service Medal (DSSM) and that he received a complete
dental examination and treatment prior to his retirement.
Therefore, we recommend the applicants records be corrected as
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that Block
16, Days Accrued Leave Paid, of his DD Form 214, Certificate of
Release or Discharge from Active Duty, dated 31 May 13, be
corrected to reflect he sold 60 days of leave.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-03555 in Executive Session on 10 Jun 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jul 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPAMD, dated 31 Oct 13.
Exhibit D. Letter, AFPC/DPSIM, dated 31 Mar 14.
Exhibit E. Letter, SAF/MRBR, dated 30 Apr 14.
AF | BCMR | CY2013 | BC 2013 03476
Since the applicant sold the maximum 60 days of leave previously, he is ineligible to sell his 42 days of lost leave in conjunction with his 1 Dec 2012 retirement. Although he was paid for 60 days of accrued leave in conjunction with his 1 Jul 1995 retirement, the evidence reflects that he was recalled to active duty in Jul 2009 under the Rated Officer Recall Program and retired again on 1 Dec 2012. Therefore, in the interest of justice we recommend the applicants Extended Active Duty...
AF | BCMR | CY2013 | BC-2013-00901
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00901 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: The sixty (60) days of leave he sold at the time of his reenlistment be rescinded. In support of his request, the applicant provides copies of his AF Form 1089, Leave Settlement Option; DD Form 4, Enlistment/Reenlistment Document Armed...
AF | BCMR | CY2012 | BC-2012-01234
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. Further, the Board notes the applicant submitted no evidence to substantiate his claim his final payment was in error with respect to...
AF | BCMR | CY2008 | BC-2007-03242
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 | CY2013 | BC 2013 05157
He be paid for the leave he accrued at the time of discharge. In support of his request, the applicant provides copies of Military Payment Certificates (MPCs), his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and a copy of a cigarette lighter with Vietnam inscribed on it. A complete copy of the DPSIM evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air...
AF | BCMR | CY2014 | BC 2014 00425
DPSIM states the applicants DD Form 214, Report of Separation from Active Duty, reflects he was not paid for days of accrued leave. The DD Form 214 also states the accrued leave balance was not available at time of separation. See your financial services office for detailed information on payment of accrued leave. IAW the applicants DD Form 214, the applicant did not receive pay for accrued leave, but the amount of leave the applicant had prior to separation was not annotated on his DD...
AF | BCMR | CY2011 | BC-2011-03470
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03470 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to reflect the following: a. Block 12b, Separation Date This Period to reflect a date of separation (DOS) of 24 Aug 82 rather than 12 Aug 82. b. The complete...
AF | BCMR | CY2002 | BC-2001-03610
A complete copy of the Medical Consultant’s evaluation is at Exhibit C. AFPC/DPPD recommended denial, indicating that a review of the disability processing records does not show any variances from normal procedures for a member in the Air Force Disability Evaluation System (DES). Applicant’s complete response, with attachment, is at Exhibit G. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: DFAS-POCC indicated that their records show that...
After his retirement, he was informed he could not sell 60 days of leave because he had sold 54 days in 1978/1979 as an enlisted member. A copy of the complete evaluation is at Exhibit C. The Retirements Branch, HQ AFPC/DPPRR, advises that there is no provision in AFI 36-3203 to extend an approved retirement for the sole purpose to be paid for accrued leave or to take terminal leave. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded he...
AF | BCMR | CY2013 | BC-2012-03634
DPSIM states that the applicant provided a letter from DFAS, dated 2 Aug 2012, stating that a re-audit of his account revealed that he was entitled to sell 29.5 days of leave due to late posting of his terminal leave and due to being AWOL for one day on 25 Jan 2011. Exhibit C. Letter, AFPC/DPSIM, dated 2 Jan 2013. Exhibit D. Letter, SAF/MRBR, dated 21 Jan 2013.