RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00425
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be reimbursed for accrued leave.
APPLICANT CONTENDS THAT:
He never received his accrued leave balance which allegedly was
not available at the time of his separation. He was told that
he would be paid at a later date.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
17 January 1971.
On 8 April 1974, the applicant was furnished an honorable
discharge, and was credited with 3 years, 2 months, and 18 days
of active service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit B.
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. 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.
IAW AFI 36-3003, Military Leave Program, paragraph 4.6
Payment for Accrued Leave - 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 February 1976. 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. DoD 7000.14-R, Volume 7A, Department of Defense
Financial Management Regulation (Military Pay Policy and
Procedures Active Duty and Reserve Pay), states when members
carry leave forward or receive payment for accrued leave when
separating with or without immediate reentry on active duty.
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 Form 214.
AFPC/DPSIM is not able to determine how much leave the applicant
had prior to separation and how much money the applicant is
entitled to.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 4 May 2015 for review and comment within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of the applicants request and the
available evidence of record, we find the application untimely.
The applicant did not file within three years after the alleged
error or injustice was discovered as required by Title 10,
United States Code, Section 1552 and Air Force Instruction 36-
2603. The applicant has not shown a plausible reason for the
delay in filing, and we are not persuaded that the record raises
issues of error or injustice which require resolution on the
merits. Thus, we cannot conclude it would be in the interest of
justice to excuse the applicants failure to file in a timely
manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the
decision of the Board, therefore, to reject the application as
untimely.
The following members of the Board considered AFBCMR Docket
Number BC-2014-00425 in Executive Session on 28 May 2015 and
5 June 2015, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 January 2014, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 9 April 2014.
Exhibit C. Letter, SAF/MRBR, dated 4 May 2015.
1
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 | CY2013 | BC-2013-02646
His DD Form 214, Block 27, Remarks, reflects Leave balance not available at time of separation. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as basis for our conclusion that the applicant has not been the victim of an error or injustice. ...
AF | BCMR | CY2014 | BC 2014 00821
Scheduling leave prevents loss of leave at fiscal year (FY)-end balancing, retirement, or separation from active duty. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends the 16 lost days were due to being penalized as reprisal for speaking out against her commander at the time; he allegedly committed sexual assault against her. We took notice of the applicants complete submission, to include her rebuttal response, in judging the merits of the case; however, we agree with...
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 | CY2014 | BC 2014 02152
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02152 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be paid for 45 days of leave that he had accrued prior to being discharged. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIM recommends...
AF | BCMR | CY2014 | BC 2014 01018
He filed an appeal through the comptroller squadron which was denied stating that he was only authorized to carry over 75 days of accrued leave for the fiscal year. Members failure to use leave, as accruing can result in loss of accrued leave at FY-end leave balancing or upon retirement or separation from active duty. When the applicant did not use his 10 days of annual leave prior to retiring, he forfeited those days. ________________________________________________________________ THE...
AF | BCMR | CY2014 | BC 2014 01775
The applicants master military pay account (MMPA) reflects that he was charged for 46 days of leave that was taken in FY09 on 28 March 2013. Although the FY09 leave was not processed in a timely manner in the MMPA, the applicant could have utilized his leave and earnings statement in addition to LeaveWeb to cross reference to ensure his leave balance was correct. In this respect, this Board is the highest administrative level of appeal within the Air Force.
AF | BCMR | CY2012 | BC-2012-04869
On 5 Apr 83, the applicant was furnished a Bad Conduct Discharge (BCD) with the Narrative Reason for Separation of Conviction by Court MartialOther Than Desertion. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and E. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no...
AF | BCMR | CY2014 | BC 2014 00868
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice that warrants restoring 2.5 days of leave to the applicants records. If, at any time, the leave balance drops to or goes below 60 days (75 days during the period 1 Oct 08 to 30 Sep 15), then...
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...