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Decision Text

AF | BCMR | CY2014 | BC 2014 01018
Original file (BC 2014 01018.txt) Auto-classification: Denied
           RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01018

			COUNSEL: NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT: 

His 10-days of lost leave be restored through pay and 
allowances. 

________________________________________________________________

APPLICANT CONTENDS THAT:

On 29 July 2013, he submitted a leave request to his commander 
requesting 101 days of terminal leave.  He confirmed the exact 
amount of leave days he had accrued and was authorized.  The 
leave form was approved and assigned a leave authorization 
number.  He submitted this request in full faith that he was 
authorized to take his 10 days of use or lose leave in 
conjunction with the rest of his accrued leave.  The leave was 
approved by his commander and vetted by the comptroller 
squadron.  Had he been informed otherwise, he would have 
adjusted his leave start date to meet the established 
guidelines.

On 31 December 2013, while completing his retirement paperwork 
and retrieving his retiree identification card, he was informed 
that 10 days (pay and allowances) of use or lose leave were 
deducted from his leave balance.  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.  He filed a complaint through the inspector general and 
was told his appeal was also denied by the Defense Finance and 
Accounting Service.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Air Force who retired on 
1 January 2014 in the grade of master sergeant. 

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial.  The applicant’s master military 
pay account (MMPA) reflects that he used 20 days of leave during 
fiscal year 2013 (FY13).  He had a leave balance of 85 days at 
the end of FY13.  He lost 10 days of use or lose at the end of 
FY13 since he was over 75 days.

In accordance with AFI 36-3003, Military Leave Program, 
paragraph 6.1, “Annual Leave, another name for annual leave is 
ordinary leave.  Normally members request leave as accruing 
within mission requirements and other exigencies.  Member’s 
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.

Additionally, in accordance with paragraph 4.1.2, “scheduling 
leave prevents loss of leave at fiscal year-end balancing, 
retirement or separation from active duty.  Both management and 
members share responsibility in managing leave balances 
throughout the FY.”  The applicant is responsible for monitoring 
his leave balance and scheduling with management in order to 
prevent lost leave.

The complete 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 7 November 2014, for review and comment within 
30 days (Exhibit D).  As of this date, this office has received 
no response.

________________________________________________________________

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 error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not clearly established that he has been the victim of an error 
or injustice.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2014-01018 in Executive Session on 8 January 2015, 
under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 Mar 14, w/atchs.
	Exhibit B.  Excerpts of Applicant’s Master Personnel Record.
	Exhibit C.  Letter, AFPC/DPSIM, dated 5 Nov 14.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Nov 14.




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