RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  01-00876
							INDEX CODE 121.01 121.03
	 						COUNSEL: No 

							HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for all leave, pay, and allowances for 28 days charged as excess leave.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He specifically asked if he would be able to take all 97 days of leave while in terminal leave status; no one told him he would lose leave at the end of the fiscal year (1 Oct 00). 

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is requesting pay for 28 days of excess leave.  In their advisory (Exhibit C), HQ AFPC/DPSFM notes that the applicant lost 25, not 28, days.  Pursuant to a telephonic inquiry by the AFBCMR Staff, DFAS-DE/POCC informally confirmed on 23 Jul 01 that the applicant lost 25, not 28, days of leave in Fiscal Year 2000.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Field Operations Branch, HQ AFPC/DPSFM, reviewed the appeal and advised that the applicant had 85 days of leave as of 30 Sep 00. Since a member can carry over no more than 60 days of leave in a fiscal year, the applicant lost 25 days of leave on 1 Oct 00.  He was in excess leave status effective 5 [sic] Dec because he lost the 25 days of leave. [DPSFM advised telephonically that the date “5 Dec 00” is in error and should be “6 Dec 00.”]  The Chief recommends the applicant be repaid all pay and allowances discontinued while in excess leave status and be paid for the 25 days of lost leave.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 1 Jun 01 for review and comment within 30 days.  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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant relief. Based on the HQ AFPC/DPSFM advisory and DFAS-DE/POCC’s informal confirmation, it appears that the applicant was in excess leave status for 25 days, not 28 days as he contends.  The applicant has not demonstrated that he did, in fact, lose 28 days nor has he rebutted the Air Force’s assertion that the total number of days was 25.  Based on the Air Force’s rationale and suggested relief, it appears he will be afforded full relief if 25 days of leave are restored to his leave account commencing on 1 Oct 00 and he is carried in regular, rather than excess, leave status. Therefore, we recommend his records be corrected as indicated below. 

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that twenty-five (25) days of leave were added to his leave account commencing 1 Oct 00, and he was in regular, rather than excess, leave status during the period 6 Dec 00 through 31 Dec 00.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 15 August 2001, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Mar 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 21 May 01, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 1 Jun 01.

                                   
                                   Panel Chair 

AFBCMR 01-00876

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 XXXXX, be corrected to show that twenty-five (25) days of leave were added to his leave account commencing 1 October 2000, and he was in regular, rather than excess, leave status during the period 6 December 2000 through 31 December 2000.

                                                                       
                                                                       Director
                                                                       Air Force Review Boards Agency