RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01305
		INDEX CODE:  121.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS:

Reinstatement of 23 days of leave under the Overseas Tour Extension Incentive Program (OTEIP).
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APPLICANT CONTENDS THAT:

Due to the circumstances, he should be given an exception to policy so that he would be entitled to the OTEIP 30 days of nonchargeble leave incentive.

In support of his request, the applicant submits a personal statement and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 10 January 1994.  The applicant reenlisted on 19 February 1999 for a period of 6 years, with an established date of separation (DOS) of 9 Feb 05.  He was progressively promoted to the grade of staff sergeant (E-5), with an effective date and date of rank of 1 May 2000.  The applicant’s DEROS was changed from 4 November 2002 to 15 June 2002.
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AIR FORCE EVALUATION:

HQ AFPC/DPAPP1 recommends the applicant’s leave be reinstated.  DPAPP1 states that members who have approved one-year extensions with OTEIP benefits are required to serve the entire 12-month extension.  If a member has not entered the extension and the extension must be cancelled due to military necessity (i.e., force structure changes) the extension reverts to a normal extension and no OTEIP incentives are authorized.  The applicant’s DEROS extension was cancelled on 20 August 2001 and his DEROS was established as 15 June 2002 to allow his spouse to have one-year time-on-station to receive short tour credit.  DPAPPI indicated that, based on the information provided by the applicant, it appears he was not told that he was no longer entitled to the OTEIP leave.  The HQ AFPC/DPAPP1 evaluation is at Exhibit C.

HQ USAF/DPFM states that, after reviewing the case file and the HQ AFPC/DPAPP1 recommendation, the applicant’s request for an exception to policy should be approved.  The applicant was not properly advised that he was no longer entitled to OTEIP leave and should not be penalized.  The HQ USAF/DPFM evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on 2 Aug 02 for review and response.  As of this date, no response has been received by this office (Exhibit E).
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ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the Board’s request for additional information, the following advisory opinion has been submitted.

HQ USAF/DPFM recommends the application be denied.  Although the applicant was miscounseled, it is DPFM’s opinion that the applicant had ample time to react to the situation.  The applicant was informed he was ineligible to OTEIP four days before he departed on leave.  While it is unfortunate he was not given more lead time to react, the applicant still had time to either take the leave, cancel it or amend the length of the leave.  Based on the facts and the applicant’s statement, it appears the appropriate course of action would have been for him to request relief from the extension rather than attempt to recoup the charged leave.  HQ USAF/DPFM’s evaluation, with attachment, is at Exhibit F.
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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to applicant on 22 October 2002 for review and response.  As of this date, no response has been received by this office (Exhibit G).
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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 an injustice.  After careful consideration of the circumstances of this case, the Board majority is persuaded that the applicant was miscounseled concerning his eligibility for OTEIP leave.  The applicant had planned to take OTEIP leave.  Because he was not properly advised that he was no longer entitled to this leave, he had to use ordinary leave.  It is the Board majority’s opinion that the applicant should not be penalized for the late notification of his entitlement for OTEIP leave.  The Board majority believes that relief is warranted and recommends that the records be corrected as indicated below.
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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 twenty-three (23) days of leave were added to his leave account commencing 2 October 2002.
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The following members of the Board considered this application in Executive Session on 13 February 2003, under the provisions of AFI 36-2603:

By a majority vote, Mr.   and Ms.   recommended granting the relief sought in this application.  Mr.   voted to deny the applicant's request and submitted a Minority Report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 April 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPP1, dated 5 June 2002.
   Exhibit D.  Letter, HQ USAF/DPFM, dated 11 July 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 2 August 2002.
   Exhibit F.  Letter, HQ USAF/DPFM, dated 18 October 2002.
   Exhibit G.  Letter, AFBCMR, dated 22 October 2002.
   Exhibit H.  Minority Report.

                                   

AFBCMR 02-01305

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 twenty-three (23) days of leave were added to his leave account commencing 2 October 2002.