RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01853 (Case 2)
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS:

Correction of excess leave [8.5 days] charged upon his retirement.
_________________________________________________________________

APPLICANT CONTENDS THAT:

When he went to the Finance Office to out-process, he asked that his leave days be computed so he would have a zero leave balance in conjunction with his retirement.  He was informed that he could take 70 days of terminal leave and 20 days of permissive TDY, with 4 extra days to sell back at the end of his terminal leave.  The information he received was incorrect; therefore, he was charged 8 days of excess leave (24-31 Oct 00).

In support of his request, the applicant submits a personal statement, with attachments, copies of his Jun and Oct 00 Leave and Earnings Statement (LES) and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 8 Oct 80.  He was relieved from active duty in the grade of technical sergeant (E-6) on 31 Oct 00 and retired, effective 1 Nov 00.  He had completed a total of 20 years and 23 days of active service for retirement.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and D.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSFM recommends the application be approved.  An investigation confirmed that the applicant was given an incorrect leave balance and that he was not aware he was going into excess leave status.  In accordance with AFI 36-3003, paragraph 4.4.2, members who establish that an error by the Air Force caused them to lose leave are entitled to restoration of the leave days.  DPSFM recommended the debt be remitted or waived.  The applicant should receive full pay and allowances associated with being placed in 8 days of excess leave (no pay) status.  The HQ AFPC/DPSFM evaluation is at Exhibit C.

DFAS-POCC/DE recommends the application be denied.  The applicant’s 12 days of leave (10-21 Jul 00) was not posted to his leave account until 21 Jul 00 and was not considered when he was inadvertently informed that he could take 20 days of permissive TDY, 70 days of terminal leave, and be paid for the remaining days of leave at retirement.  He was charged 8.5 days of excess leave (7.5 days plus 1 day penalty) and pay and allowances in the amount of $771.99 for excess leave was collected from his final separation pay.  AFI 36-3003, paragraph 4.4.2 does not apply to the applicant since he did not lose leave at the end of a fiscal year and a military necessity did not preclude him from taking leave.  The applicant had over 20 years of active service and should have reasonably known what his leave balance was.  The DFAS-POCC/DE evaluation, with attachment, is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on 19 Oct 01 for review and response.  As of this date, no response has been received by this office (Exhibit E).
_________________________________________________________________

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 facts and circumstances of this case, we agree with the assessment of HQ AFPC/DPSFM and adopt their rationale as the basis for our decision that the applicant has been the victim of an injustice.  In this respect, we note that a preliminary investigation confirmed the applicant was improperly counseled regarding his leave balance.  Inasmuch as the base finance office miscounseled the applicant, he should not be penalized for the excess leave he was charged.  We therefore conclude that the applicant’s records should be corrected to the extent recommended below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a.	On 1 July 2000, 7.5 days of leave were added to his leave account.

	b.	At the time of his release from active duty on 31 October 2000, he was not charged excess leave and the charge of excess leave, deducted from his separation pay, be reimbursed.
_________________________________________________________________

The following members of the Board considered this application in Executive Session on 5 December 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 24 Jun 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 28 Aug 01.
   Exhibit D.  Letter, DFAS-POCC/DE, dated 3 Oct 01, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 19 Oct 01.

                                   

AFBCMR 01-01853

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:

	a.	On 1 July 2000, 7.5 days of leave were added to his leave account.

	b.	At the time of his release from active duty on 31 October 2000, he was not charged excess leave and the charge of excess leave, deducted from his separation pay, be reimbursed.