RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00919
		INDEX CODE:  121.03
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Two periods of leave, 10 - 15 May 2001 and 22 - 25 May 2001, be restored to his leave account.

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APPLICANT CONTENDS THAT:

On 8 May 02, he completed two leave forms for the aforementioned periods.  The two periods of leave should have been time off and not charged as leave.  The forms were filled only in case of emergency, as chargeable leave would then be required.  Normally the forms would remain in the flight commander’s desk and torn up upon his return.  Somehow they were sent to the administration office for processing without his or his commander’s knowledge.  

After his retirement he received a notice from the Defense Finance and Accounting Office (DFAS) that indicated he was in debt to the government for $4,531.80.  After an investigation into the indebtedness he figured out that it was due to the two erroneously charged leave forms.  

In support of his request applicant provided a personal statement, a letter from his former commander; and, copies of his AF Form 988, Leave Request/Authorization.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Reserve of the Air Force, on 4 Jun 75.  He was voluntarily ordered to extended active duty on 12 Aug 76.  He was progressively promoted to the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of 1 Jul 93.  On 1 Sep 01, he voluntarily retired from the Air Force for length of service.  He served 25 years and 19 days on active duty.  

Applicant departed on terminal leave from 23 Jun 01 through 31 Aug 01.  His leave balance at the time of his departure was 54.5 days.  At the time of his retirement, he had a negative leave balance of -11.5 days.  His pay records show that he was due payment of $4338.58 at retirement; however, he was paid $8,870.38.

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AIR FORCE EVALUATION:

AFPC/DPSFM reviewed applicant’s request and recommends denial.  DPSFM states that there is no allowance in AFI 36-3003, Leave and Liberty, for "off time."  When not present for duty or temporary duty (TDY), members are either on pass or on leave.  Unit commanders are allowed to award members 3 or 4 day special passes, but not longer.  Leave forms are not filled out for members who are on a pass.  There is no provision that allows a member to fill out a leave form, take leave, and then only process the form if an emergency happens.  It is clear and evident that he was not present for duty on 10 - 15 May and 22 - 25 May 2001.  Nor was he TDY or on a special pass.  It is apparent that he knew he should actually be in a leave status during the period as he completed the leave forms to be processed only in the case of an emergency.  These actions may rise to such a level that they could be considered fraudulent.  In any case it is patently clear that no error occurred and he suffered no injustice. The DPSFM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the entire intent of his being absent from his squadron was to be off as in not chargeable leave.  If he thought he would have been charged leave, he would not have left the squadron.  The Air Force advisory has a very good point that there is no allowance for "off-time" provided in the AFI.  The limits on off time should be expanded to our commanders and their hands should not be tied.  Occasionally there are moments that fall outside the boundaries of our AFIs and good commanders figure out ways to adapt and overcome.  There are commanders that take care of their careers and then there are commanders that want to be good leaders and managers.  This means taking good care of the people, especially the ones that walk the extra mile to keep the squadron functioning normally.  He reiterates that if he thought he would have been charged leave, he would not have left the base.  His complete submission is at Exhibit D.
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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 error or injustice.  After a thorough review of the available evidence of record and the applicant's submission, we are not persuaded that the requested relief is warranted.  We agree with the opinion and recommendation of the Air Force office of primary responsibility 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 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 02-00919 in Executive Session on 18 Jul 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 15 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 02.
    Exhibit E.  Letter, Applicant, dated 5 Jun 02.