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AF | BCMR | CY2013 | BC-2013-00901
Original file (BC-2013-00901.txt) Auto-classification: Approved
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reenlistment be rescinded.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was miscounseled by the Retention Counselor.

In support of his request, the applicant provides copies of his 
AF Form 1089, Leave Settlement Option; DD Form 4, 
Enlistment/Reenlistment Document – Armed Forces of the United 
States, memorandum from his commander, and various other 
documents associated with his request.

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

________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained 
in the letters prepared by the appropriate offices of the Air 
Force.  Accordingly, there is no need to recite these facts in 
this Record of Proceedings.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states that the applicant 
clearly initialed the first block which reads "Cash Settlement 
for all of my Accrued Leave."  When this election is made the 
member is paid for all their accrued leave up to the 
congressional mandated limit of 60 days for a career.  If this 
request is approved it would set the precedent for anyone who 
changed their mind after selling leave.

The complete DPSOA evaluation is at Exhibit C.

AFPC/DPSIM recommends approval.  DPSIM states that the applicant 
provided two copies of the AF IMT 1089.  One indicates that the 
applicant approves of a cash settlement while the later form 
indicates that the leave should be carried forward.  Moreover, 
the applicant signed a memorandum, endorsed by his squadron 
commander explaining the Leave settlement error.  After 
reviewing the evidence provided, the applicant's case clearly 
indicates that an error or an injustice occurred; specifically, 
he was miscounseled and subsequently inaccurately completed AF 
IMT 1089.

The complete DPSIM evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 Dec 2013, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 
30 days.  As of this date, this office has received no response 
(Exhibit E).

________________________________________________________________

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 error or injustice warranting 
corrective action.  We note the comments by AFPC/DPSOA; 
nonetheless, based on the evidence of record and that provided 
by the applicant, we find the evidence is sufficient to conclude 
the applicant was miscounseled.  Therefore, we agree with the 
opinion and recommendation of AFPC/DPSIM and adopt its rationale 
as the basis for our conclusion the applicant has been the 
victim of an error or injustice.  Accordingly, we recommend the 
applicant’s records be corrected as set forth below.

4.  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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that he did 
not elect to receive cash settlement for sixty (60) days of 
unused accrued leave at the time of his reenlistment in the 
Regular Air Force on 19 Jun 2012 and that 60 days of leave were 
restored to his leave account.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 9 Jan 2014, under the provisions of AFI 
36-2603:

 , Panel Chair
 , Member
 , Member

All members voted to correct the record as recommended.  The 
following documentary evidence pertaining to AFBCMR BC-2013-
00901 was considered:

    Exhibit A.  DD Form 149, dated 5 Feb 2013, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, dated 19 Mar 2013.
    Exhibit D.  Letter, AFPC/DPSIM, dated 16 Nov 2013.
    Exhibit E.  Letter, SAF/MRBR, dated 6 Dec 2013.




                                    
                                   Panel Chair










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