RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03634
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His records be corrected to reflect that he did not sell
leave at the end of his military career.
2. His records be corrected to remove any reference to being
Absent Without Leave (AWOL).
________________________________________________________________
APPLICANT CONTENDS THAT:
He intended to take his terminal leave in Jan 2011; however, due
to an ongoing investigation, he was required to remain on active
duty until 21 Mar 2011. Consequently, his terminal leave was
cancelled. He did not take nor sell any leave prior to his
retirement. Furthermore, he was never AWOL. He was
hospitalized in Jan 2011 and physicians failed to notify his
unit.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
In a 22 Oct 2012 letter to the applicant, AFPC/DPTOS states that
the applicant was never on AWOL status and the system was never
updated with lost time or any type of AWOL/confinement duty
status. He did have a Case Management System case (3155079)
started, placing him in AWOL status, however on 27 Jan 2011,
before the case was processed, his unit stated that the case
should be withdrawn because he was not AWOL but rather
physicians failed to notify his command that he was
hospitalized.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force. Accordingly, there is no need to recite these
facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request that his
records be corrected to reflect he did not sell leave at the end
of his military career. 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. In addition, DFAS
stated that he was originally paid 60 days of lump sum leave;
however, it was adjusted to 29.5 days paid. AFI 36-3003, Military Leave Program, Title 37, U.S.C., Section 501, is the
authority for payment for accrued leave upon reenlistment,
retirement, separation under honorable conditions, or death. It
limits payment of accrued leave to 60 days in a military career
effective 10 Feb 1976.
The complete DPSIM evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Jan 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
E). As of this date, this office has not received a response.
________________________________________________________________
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. After
thoroughly reviewing the evidence of record and the applicants
complete submission, we are not persuaded relief is warranted.
While the applicant states that he did not take or sell leave
prior to his retirement, the DFAS-IN Form 0-641, Statement of
Military Pay Account, provided by the applicant, reflects that
he was paid for 29.5 days of leave. Therefore, without
documentary evidence to the contrary, 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 the applicant has failed to sustain his burden of
having suffered either an error or an injustice. In regard to
his request that his record be corrected to remove any reference
to being AWOL, as pointed-out in DPTOSs letter dated 22 Oct
2012, the system was never updated with lost time or
AWOL/confinement duty status, therefore this request is moot.
In view of the above 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 this application
in Executive Session on 21 May 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-03634:
Exhibit A. DD Form 149, dated 12 Aug 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 2 Jan 2013.
Exhibit D. Letter, SAF/MRBR, dated 21 Jan 2013.
Panel Chair
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