RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01132
		(CASE 4)
		INDEX CODES:  121.03, 128.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The 42 days of leave he lost be restored.

He receive Reserve pay for 33 periods of inactive duty training (IDT).

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APPLICANT CONTENDS THAT:

(DD Form 149 dtd 16 Jul 01 - A1)

He lost 15 days of ordinary leave due to working in a one deep position, and 27 days of ordinary leave was charged to terminal leave.

In support of his appeal, the applicant provided copies of AF Forms 988, Leave Request/Authorization, excerpts from AFI 36-3003, his leave and earning statement, and other documents associated with the matter under review.

Applicant’s complete submission, with attachments, is at Exhibit A1.

(DD Form 149 dtd 19 Jul 01 - A2)

He was denied a Category B (CAT B) Reserve assignment with the Air Force Office of Special Investigations (AFOSI).

No pay was received for 33 periods of IDT.

In support of his appeal, the applicant provided copies of his separation and enlistment documents, his application for Ready Reserve Assignment, personal statements, letters from the Office of the Air Force Reserve Director of Personnel, a letter of recommendation, and AF Forms 40A, Record of Individual Inactive Duty Training.

Applicant’s complete submission, with attachments, is at Exhibit A2.

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 20 Feb 86 for a period of four years, in the grade of sergeant.  He was ordered to extended active duty on 1 Jun 94 for 48 months.

On 31 May 98, the applicant was honorably discharged under the provisions of AFI 36-3208 (Completion of Required Active Service).  He was credited with 4 years of active duty service.  On 1 Jun 98, the applicant reenlisted in the Air Force Reserve for a period of six years.

Information extracted from the Personnel Data System (PDS) indicates that the applicant was voluntarily ordered to extended active duty on 26 Sep 01.  He is currently serving on active duty in the grade of senior master sergeant.

On 12 Dec 01, the Board considered and denied an application pertaining to the applicant, requesting that he be reinstated to active duty effective 1 Jun 98, with back pay and benefits.  

On 12 Dec 01, the Board considered and denied an application pertaining to the applicant, requesting that he be paid for 14 days of active duty and travel for the period of 8 Sep 98 through 25 Sep 98.

On 6 Mar 02, the Board considered and denied an application pertaining to the applicant, requesting that his records be corrected to show that he reenlisted within 90 days of his expiration term of service (ETS) of 31 May 98.

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AIR FORCE EVALUATION:

ARPC/DPA recommended denial of the applicant’s request for Reserve pay for his IDTs.  ARPC/DPA noted that prior to the applicant’s separation from active duty on 31 May 98, a paid Selected Reserve (SELRES) position was not available.  The applicant was assigned to a points only program, the Ready Reserve Personnel Section (RRPS) from 1 Jun 98 to 10 Dec 98.  This allowed the applicant to continue Reserve affiliation and participation for points only until a paid position could be located in his Air Force Specialty Code.

ARPC/DPA noted the applicant’s claim that he attempted to obtain an administrative position with the AFOSI in Swansea, IL.  ARPC/DPA indicated that according to HQ USAF/REP letter, dated 16 Feb 99, no documentation was found showing the applicant requested an assignment or one was approved by AFOSI.  Although the applicant states “Reserve assignment with HQ AFOSI was denied and not processed,” HQ AFOSI checked with their JA and recruiting offices and determined the applicant was never assigned to the AFOSI and never had a background investigation started to allow him to enter the AFOSI’s IMA program.

According to ARPC/DPA, the applicant was fully aware of the assignment to RRPS and that it was a points only category as evidenced by correspondence dated Jun 98 and Oct 98, when he was searching for SELRES positions.  The applicant also submitted five AF Fm 40As, Record of Individual Inactive Duty Training and checked the “non-pay” block which shows the applicant was aware training was being performed in a non-pay status.

ARPC/DPA indicated that a review of the applicant’s AF Forms 526, ANG/USAFR Point Credit Summary, for retention/retirement years closing out on 23 Jun 98 and 23 Jun 99 reflected that he was credited for 30 non-paid IDTs between 16 Jun 98 through 4 Sept 98, the time in question.  The AF Fm 526, which closed out on 23 Jun 99, did reflect one non-pay IDT performed on 27 Aug 98, one non-pay IDT performed on 28 Aug 98, and one non-pay IDT performed on 31 Aug 98, as annotated on the AF Form 40A dated 31 Aug 98.  According to ARPC/DPA, they have updated the applicant’s point credit record to correctly reflect the three non-paid IDTs that were not credited previously.

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

ARPC/DPS recommended denial of the applicant’s request for restoration of 42 days of lost leave.  ARPC/DPS noted that on 30 Sep 97, the applicant had accrued 75 days of leave.  Air Force Instruction (AFI) 36-3003, Paragraph 10.1, states that a member will lose leave over 60 days at the end of the fiscal year.  Therefore, on 1 Oct 97, his leave balance dropped to 60 days.  As the member was nearing his separation date, he had a leave balance of 72 days.  On 19 Mar 98, the applicant requested 27 days of terminal Leave, the request was approved and the leave was taken.  After his terminal leave, he had a balance of 45 days, which he sold back when he was discharged on 31 May 98.

According to ARPC/DPS, the applicant lost 15 days of leave.  AFI 36-3003 does provide for Special Leave Accrual (SLA) under certain circumstances which allows a member to carry a balance of more than 60 days at the end of the fiscal year.  In ARPC/DPS’ view, the applicant does not meet any of the specific criteria which allows for SLA.  In addition, AFI 36-3003 stipulates that even if a member does meet the criteria for SLA, they no longer qualify if three (3) fiscal years have passed since they lost leave.

ARPC/DPS noted the applicant’s claim that he was in a one deep position and was not able to take leave.  However, ARPC/DPS indicated that there was no evidence that he ever had any leave requests denied.  In fact, his supervisor encouraged him to take leave and offered to send a person in to fill his position during leave periods.

A complete copy of the ARPC/DPS evaluation, with attachment, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 22 Mar 02 for review and response.  As of this date, no response has been received by this office (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 portion of the application pertaining to the applicant’s request that he receive Reserve pay for 33 periods of IDT was timely filed.

3.  The portion of the application pertaining to the applicant’s request that 42 days of leave he lost be restored was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant's complete submissions were thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s uncorroborated assertions, in and of themselves, sufficiently persuasive to override the rationale provided by the Air Force offices of primary responsibility (OPRs).  Therefore, in the absence of substantial evidence to the contrary, we agree with the recommendation of the OPRs and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, the applicant’s requests are not favorably considered.

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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 AFBCMR Docket Number 02-01132 in Executive Session on 9 May 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Forms 149, dated 16 Jul 01 and 19 Jul 01,
                w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPA, dated 8 Mar 02, w/atchs.
    Exhibit D.  Letter, ARPC/DPS, dated 12 Mar 02, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Mar 02.