RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03002
		INDEX CODE:  121.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he did not sell 12 days of leave on 11 June 85. 

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APPLICANT CONTENDS THAT:

When he out-processed from the Air Force he was informed that he could only sell back 48 days of his 57.5 days of leave because his finance record indicates he sold 12 days of leave on 11 Jun 85.  On that date he had recently completed medical school, during which time he had been on Indefinite Reserve Status for 4 years.  His last leave and earnings statement (LES), dated 15 May 85, indicates that he did not have any accrued leave.  The LES for July 1985 indicates that he entered active duty on 12 Jun 85 with 4.5 days of accrued leave.  He was in transit and did not receive a June LES.  He has no record of being paid for leave and did not have any accrued leave to sell on 11 Jun 85.  

In support of his request, applicant provided a personal statement, accounting and finance printouts, his July 1985 LES, his Reserve Appointment Order, a Service Data Computation Worksheet, and his Statement of Service.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a captain, Reserve of the Air Force on 20 Apr 85 and was voluntarily ordered to extended active duty on 12 Jun 85.  He was progressively promoted to the grade of lieutenant colonel having assumed that grade effective and with a date of rank of 20 Apr 97.  He separated from the Air Force on 1 Oct 01.  He served 16 years, 3 months, and 20 days on active duty.  

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

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AIR FORCE EVALUATION:

AFPC/DPSFM reviewed applicant's request and recommends that his records be corrected as requested.  DPSF states that although he provided a copy of his May 1985 and July 1985 LES, the information that would easily resolve the issue would be on his June 1985 LES, which he did not receive.  The May 1985 LES reflects that he had 0 days of leave as of 15 May 85.  If that's the case, it becomes obvious that he could not have sold 12 days a month later and it must be assumed that his pay records are wrong.  The DPSFM evaluation is at Exhibit C.

DFAS-POCC/DE reviewed applicant's request and recommends denial.  DFAS states that an examination of his Reserve records from 1981 through 1985 shows that he sold 4 days of leave on 31 Aug 81, 4 days on 30 Jul 82, and 4 days on 12 Sep 84.  The 12 days were carried forward to his active duty pay record as previously sold leave.  The 11 Jun 85 date is not the actual date he sold the leave, but is one day prior to his reenlistment date, 12 Jun 85.  The DFAS evaluation, with attachments, is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the DPFSM evaluation was forwarded to the applicant on 7 Dec 01 and a copy the DFAS evaluation was forwarded on 20 Feb 02, for review and comment within 30 days.  As of this date, this office has received no response.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of probable 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 Defense Finance and Accounting Service (DFAS) and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered Docket Number 01-03002 in Executive Session on 10 Apr 02, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 5 Dec 01.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Dec 01.
    Exhibit E.  Letter, DFAS-POCC/DE, dated 13 Feb 02, w/atchs.
    Exhibit F.  Letter, SAF/MRBR, dated 20 Feb 02.