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AF | BCMR | CY2014 | BC 2014 00768
Original file (BC 2014 00768.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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.  Member’s 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 applicant’s 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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