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reenlistment be rescinded.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 applicants 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
applicants 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. Applicants 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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