RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01775
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His debt in the finance system be corrected.
________________________________________________________________
APPLICANT CONTENDS THAT:
While stationed in Japan, he accepted early separation entitling
him to a separation bonus. Prior to his separation, he took 43
days of leave to prepare to his family to lave Japan. LeaveWeb
reflected he had the required amount of leave and it was
approved by his command.
The Defense Finance and Accounting System (DFAS) now states he
did not have the leave and placed him in a negative leave
balance. This caused him to lose pay and entitlements during
his leave. How can this happen? If the official leave system
reflected 43 days of leave, how can DFAS say he was wrong for
taking the leave? Additionally, how is he supposed to know
LeaveWeb was incorrect?
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
separated from active duty on 31 May 2013 in the grade of staff
sergeant. He is currently a member of the Air Force Reserves.
EXAMINERS NOTE: It appears this debt was incurred while on
active duty. The applicant has not yet appealed to the
remissions board in accordance with AFGM36-02; therefore, he has
not exhausted his administrative remedies.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. 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. In accordance
with AFI 36-3003, Military Leave Program, paragraph 4.1.2, both
management and members share responsibility in managing leave
balances throughout the fiscal year.
Ultimately, it is the members responsibility to ensure their
leave balance is accurate. 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.
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 29 September 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 not 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. In this
respect, this Board is the highest administrative level of
appeal within the Air Force. As such, an applicant must first
exhaust all available avenues of administrative relief provided
by existing law or regulations prior to seeking relief before
this Board, as required by the governing Air Force Instruction.
After reviewing this application, it was noted the applicant has
not exhausted the remissions process by submitting the DD Form
2789, Waiver/Remission of Indebtness Application, to his local
Financial Servicing Office. In view of this, we find this
application is not ripe for adjudication at this level, as there
is a subordinate level of appeal that has not first been
depleted. Therefore, in view of the above, we find no basis to
recommend granting the applicants request.
________________________________________________________________
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-2014-01775 in Executive Session on 5 February 2015,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Apr 14, w/atchs.
Exhibit B. Excerpts of Applicants Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIM, dated 2 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 29 Sep 14.
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