RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00768
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he did not lose six
days of leave when he retired, but that he was able to sell said
leave.
APPLICANT CONTENDS THAT:
He was not made aware that he would lose the leave in question
in conjunction with his retirement. He was directed by his
commander support staff to go on permissive temporary duty
(PTDY) and terminal leave by the 28th of September 2013. He did
not sign an Air Force Form 988, Leave Request/Authorization,
agreeing to the computations. If he had known he would be
losing six days of leave then he would have made adjustments to
his PTDY and terminal leave dates.
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
Master Sergeant (E-7) during the matter under review.
On 11 Jun 13, according to documentation provided by the
applicant, a member of his commander support staff indicated in
an email that his leave and permissive TDY should line up as
follows: 20 days of permissive temporary duty for house
hunting from 15 Sep 13 through 4 Oct 13 and 88 days of terminal
leave 5 Oct 13 through 31 Dec 13.
On 1 Oct 13, the applicant lost six days of leave as he had a
leave balance in excess of 75 days when he crossed into the new
fiscal year.
On 31 Dec 13, the applicant was relieved from active duty and
retired, effective 1 Jan 14.
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 injustice. The applicants master military pay
account (MMPA) reflects that the applicant used 21 days of leave
during FY13 (ending 30 Sep 13). At the end of FY13, the
applicant had a leave balance of 81 days. However, he lost six
days of leave since he was over the 75 day maximum balance that
he could carry forward into FY14 (1 Oct 13 31 Dec 13). He
earned seven days of leave during FY14 and used 83 days. Leave
is governed in accordance with AFI 36-3003, Military Leave
Program. Members failure to use leave can result in loss of
accrued leave at Fiscal Year (FY) end leave balancing or upon
retirement or separation from active duty. The applicant did
not use six days of his annual/ordinary leave prior to retiring;
therefore, he forfeited those six days of leave. It is the
responsibility of management and the member to monitor his leave
balance and scheduling with management in order to prevent lost
leave.
A complete copy of the AFPC/DPSIM 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 28 Jul 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. Insufficient 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; to include the correspondence the applicant
provided from his Customer Support Staff regarding his leave and
permissive duty dates. However, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error or injustice.
While the applicant has provided a copy of email traffic wherein
his commander support staff representative indicated that his
leave should line up so that he would be able to take 88 days
of accrued leave as terminal leave prior to his retirement, we
are not convinced that this traffic, in and of itself, should
form the basis of a recommendation to grant relief. In this
respect, we note that in the months leading up to the end of the
fiscal year, his leave and earning statements would have clearly
indicated that he was going to lose leave at the end of the
fiscal year and we do not find it reasonable to conclude that
someone of his rank and tenure would not understand the
implications of carrying more than the maximum amount of leave
allowable into the end of a fiscal year. It is ultimately the
responsibility of all Air Force members to monitor their leave
given the well-known policy regarding the maximum allowable
leave balance that can be carried into a new fiscal year.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2014-00768 in Executive Session on 22 Jan 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIM, dated 6 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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