RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03543
		INDEX CODE:  121.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be paid for 12.0 days of accrued leave that he earned while performing 135 consecutive days of active duty.

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APPLICANT CONTENDS THAT:

He earned the leave by fulfilling his obligations for completing the tours in a successful manner.  He wasn’t afforded the time to take the leave due to duty obligations and time constrictions.  Once he left duty status, the leave was erased, and he wasn’t eligible to use it at a later date.  He applied for the leave, it was approved, and turned into the proper pay office while he was on duty status.

The applicant provided no evidence in support of his appeal.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System indicates that the applicant is an active enlisted member of the Air Force Reserve who is currently serving in the grade of master sergeant.  As of the Retirement Year Ending 1 April 2002, he was credited with 18 years, 11 months and 24 days of satisfactory Federal service.

Other remaining 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. 

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AIR FORCE EVALUATION:

AFRPO/FMFQ-P states that the duty was a combination of two Military Personnel Appropriation (MPA) tours from 25 November - 31 December 2000 and 1 January - 30 March 2001 and one Reserve Personnel Appropriation (RPA) tour from 31 March - 13 April 2002.

Normal procedure is that he would be paid for the 12.0 days of unused leave but he has already sold 57.5 days of leave in his military career and was not in support of a contingency operation.  However, he is entitled to receive 2.5 days of pay.  The remaining balance of 9.5 days would exceed the maximum ceiling of 60.0 of leave days sold in a military career as prescribed in the DODFMR, Volume 7A, paragraph 3501A.  Therefore, they recommend denial of applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states that his contention is still maintained that he earned the leave by completing the duty and was afforded the time to take the twelve days of leave due to fulfilling his duty obligations.  He worked the symposium as was needed at the time by HQ AFSPC/SF personnel.  He was never given a choice of working versus taking leave by any personnel.  He followed orders and did what was needed to complete these consecutive tours of duty in a professional manner.

Applicant states minus two months, since November 2000 he has worked for the military as part of the mobilized IMA force.  He was supposed to have just helped out in November 2000 for thirty days with a preoperational readiness inspection.  He would just like the benefits he earned and is entitled to by fulfilling the USAF’s obligations.

Applicant's complete response, with attachments, is attached at Exhibit E.

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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 error or injustice to warrant relief.  Due to duty obligations and time constrictions, applicant was not afforded the time to take the leave.  After reviewing the circumstances surrounding the leave in question, we believe that the applicant should be compensated for 12 days of leave.  However, since the applicant received payment for 57.5 days of leave, we are precluded by Title 37, Section 501, from granting the applicant’s request as stated.  In arriving at our decision, we contacted the Defense Finance and Accounting Service (DFAS-DE) and they determined that in order to provide applicant pay for 9.5 of the 12-day total he was not authortized to sell, he would need to be placed in a temporary duty status (TDY) for 9.5 days.  We believe that this recommended correction provides the applicant with proper relief.

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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:

    a.  He was in a temporary duty status for nine and one-half (9.5) days beginning 5 April 2002 and was paid total per diem the equivalent of nine and one-half (9.5) days of basic pay.

    b.  On 30 March 2001, he was authorized to receive cash settlement for an additional 2.5 days of leave for a total of 60 days paid leave.

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The following members of the Board considered this application in Executive Session on 5 February 2003, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 15 Jan 01.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFRPO/DMFQ-P, dated 16 Dec 02, w/atch.
   Exhibit D.  Letter, AFBCMR, dated 3 Jan 03.
   Exhibit D.  Applicant's Response, dated 12 Jan 03, w/atchs.

                                   

AFBCMR 01-03543
INDEX CODE:  121.03

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, be corrected to show that:

	           a.  He was in a temporary duty status for nine and one-half (9.5) days beginning 1 March 2001 and was paid total per diem the equivalent of nine and one-half (9.5) days of basic pay.

	           b.  On 30 March 2001, he was authorized to receive cash settlement for an additional 2.5 days of leave for a total of 60 days paid leave.