RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-00415
		INDEX CODE 121.03
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Twenty-eight (28) days of leave be restored.

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APPLICANT CONTENDS THAT:

He had accumulated 58 days of leave when he left active duty to enter the AFROTC program.  He contacted his finance office about reinstating the lost leave and was told it was possible.  However, the Defense Finance and Accounting Service (DFAS) told him it could not be restored because he had a break in service. Prior service members who attend AFROTC and fulfill their obligations to AFROTC, Air Force Reserves and the Air Force should have their unused leave reinstated. He asserts he did not have a break in service. He did not have enough time to take the remaining days in the time between the acceptance of his application and separation. 

The applicant’s complete submission, with attachment, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 Jul 85 and was honorably discharged from active duty in the grade of technical sergeant on 22 Aug 01 to enter the Air Force Reserve Officer Training Corps (AFROTC) program. At that point, he had 16 years, 1 month and 14 days of active service. He enlisted in the Air Force Reserves on 23 Aug 01. He was relieved from Reserve enlisted status on 12 Jun 02, appointed a Reserve 2nd lieutenant on 13 Jun 02, and entered active duty on 14 Jun 02. 

According to HQ AFPC/DPSFM, the applicant sold a total of 60 days in his career: 30 days of leave on 10 Apr 89 and 30 days when he was discharged on 22 Aug 01 to enter AFROTC.  The applicant lost 28 days of leave when he was discharged on 22 Aug 01.  

Title 37, United States Code, Section 501, precludes payment for more than 60 days of leave. 

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AIR FORCE EVALUATION:

HQ AFPC/DPSFM notes that Title 10, USC, Section 2106, states that in computing service for any purpose, an officer appointed under this section may not be credited with enlisted service for the period covered by his advanced training, other than any period of enlisted service performed on or after 1 Aug 79, as a member of the Selected Reserve.  The applicant’s time in ROTC training was not creditable and is considered a break in military service.  DOD Financial Management Regulation directs payment for accrued leave upon discharge up to the 60-day maximum limit.  This limit is set by law and cannot be waived. Denial is recommended as there are no provisions to carry over unused leave after a break in military service.

A complete copy of the evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He had accrued 58 days of leave prior to being released for the AFROTC program. He had sold 30 days of leave in 1989 so he could only sell 30 days upon his release in 2001. He asserts he did not have a true break in service. He understands he did not accrue leave and other benefits from service during his period in AFROTC. Now that he has returned to active duty he enjoys many of the benefits he earned in prior service (i.e., time served, extra pay, etc.) so he believes leave is no different. He contends a change in the regulation regarding such changes should be considered. He is not asking for monetary compensation for unused leave nor does he believe negligence was the cause for the loss.

A complete copy of applicant’s response, with attachments, 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 evidence of record and the applicant’s submission, we are not persuaded that 28 days of leave should be restored.  The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. The applicant’s time in ROTC is not credible and is considered a break in military service. Further, statute precludes payment for leave beyond the 60-day maximum. As an aside, we note that at the time of the applicant’s discharge from active duty on 22 Aug 01, he had 58 days of leave, which had to be used before the fiscal year ended in approximately 38 days. The sale of 30 days at fiscal year’s end still would have left him with 28 days of leave to use or lose. The applicant has not shown that he made a diligent effort to use or manage his leave in a timely manner. We therefore adopt the rationale expressed by the Air Force as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we conclude this appeal should be denied.  

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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 this application in Executive Session on 12 June 2003 under the provisions of AFI 36-2603:

			Vice Chair
			Member
			Member

The following documentary evidence relating to AFBCMR Docket Number BC-2003-00415 was considered:

   Exhibit A.  DD Form 149, dated 30 Dec 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFM, dated 24 Apr 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 2 May 03.
   Exhibit E.  Letter, Applicant, dated 15 May 03, w/atchs.

                                   
                                   Vice Chair