RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  01-00259
			INDEX CODE:  121.03
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Five and a half (5.5) days of leave be restored to his account.

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APPLICANT CONTENDS THAT:

He believed that he had zeroed-out his FY00 leave before reporting for his current remote assignment in June 2000 to Greece.  His Leave and Earning Statements (LES) were not delivered to him in Greece, and despite numerous dealings with the Aviano AB Finance office to fix other personal pay issues, he was unaware of the additional leave days accruing.  Computer “screen shots” sent to him to resolve these pay issues did not include the Leave Block normally associated with the LES, so he had no warning of the pending loss.

In support of his appeal, the applicant provided a letter from the CAOC7 Deputy Commander requesting restoration of the applicant’s lost leave (Exhibit A).

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of major and is assigned to duty at Larissa, Greece.  

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Field Operations Branch, AFPC/DPSFM, indicated the applicant departed PCS from Edwards AFB, CA on 4 Jun 00 enroute to Greece.  
His leave balance was reduced to 60 days at the end of FY00 (65.5 

- 5.5 = 60).  The Defense Joint Military Pay System (DJMS) drops accrued leave in excess of 60 days at FY-end unless automatic carry over of the leave applies.  The applicant was not authorized carry over.  Absent any additional justification, DPSFM has no recourse but to deny the applicant’s request.

A complete copy of this evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant for review and response.  As of this date, this office has received no response (Exhibit C).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice.  After reviewing the documentation submitted, the Board majority is persuaded that the applicant had used all of his leave necessary to preclude the loss of leave for the FY 2000 before reporting to his remote assignment in Greece in June 2000.  In arriving at its decision the Board majority took note of his Deputy Commander’s statement that Leave and Earning Statements were not available in Greece and that the applicant was not able to take all the leave needed.  In view of the above and the totality of the circumstances of this case, we believe any doubt in this matter should be resolved in the applicant's favor.  Accordingly, the Board majority believes that his records should be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that 5.5 days of annual leave were added to his leave account commencing 2 October 2000.
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The following members of the Board considered this application in Executive Session on 1 May 2001, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

Ms.   and Ms.   voted to grant the application.  Mr.   voted to deny the appeal without submitting a Minority Report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 Dec 00, w/atchs.
     Exhibit B.  Letter, AFPC/DPSFM, dated 12 Mar 01.
     Exhibit C.  Letter, SAF/MIBR, dated 23 Mar 01.

                                  
                                  Panel Chair

AFBCMR 01-00259

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that 5.5 days of annual leave were added to his leave account commencing 2 October 2000.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency