RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02909
		INDEX NUMBER:  121.00
	XXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The 39.5 days of leave he sold as an enlisted member when he was discharged from the Navy to attend Air Force Officer Training School (OTS) be restored.

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APPLICANT CONTENDS THAT:

Members transitioning from enlisted to officer status are permitted to carry forward their leave balance.  He separated from the Navy on 15 Aug 02 expecting to start OTS training on   16 Aug 02.  However, his class date was pushed back to 14 Jan 03 causing him to have an unintentional break in service.  He feels as if he is being punished for becoming an officer.  He is willing to pay back the $2,106 he was paid for his leave if it is restored.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Navy in Aug 99.  He separated on 15 Aug 02 due to his selection for attendance to Air Force Officer Training School (OTS).  He entered OTS in Jan 03 and was commissioned a second lieutenant in the Air Force on     4 Apr 03.

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AIR FORCE EVALUATION:

AFPC/DPSFM recommends denial of the applicant’s request.  The applicant was properly paid for his unused leave balance when he separated from the Navy.

The applicant based his separation from the Navy on the letter he received from his recruiter to report to the Military Processing Station on 16 Aug 02.  When the applicant was contacted to determine why he was not accessed onto active duty on 16 Aug 02, he explained that the “Quick Ship” list his recruiter had placed him on was not a guarantee that he would be accessed on 16 Aug 02.  His accession was contingent upon a seat being available in the class starting during this period.  Originally, the applicant had planned to separate from the Navy on or about 13 Jan 03 with immediate reentry into the Air Force on 14 Jan 03.  When the possibility of a class date on 16 Aug 02 became available, he chose to separate on 15 Aug 02.

The complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 Oct 03 for review and comment within 30 days.  To date, a response has not been received.

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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.  We believe that the applicant’s decision to separate from service at the time he did was done with the expectation of starting his OTS training immediately thereafter.  While it appears that he may have had options regarding the timing of his discharge from the Navy, we note that the letter from the Air Force recruiter to the Navy states that it was necessary for him to be available to ship on 16 Aug 02.  Additionally, the information sheet from the Air Force Officer Training School, while indicating that active military could transfer their leave balance, does not discuss circumstances when the balance cannot be transferred.  We are not certain that the applicant was provided with all the pertinent information required to make the best decision regarding the risks of leaving the Navy early, e.g., the inadvertent break in service, which required him to sell his leave.  We believe that the doubt that we have should be resolved in favor of the applicant.  Therefore, we recommend that the applicant’s 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, provided he reimburses the government for the leave sold during the period 1-15 Aug 02, 39.5 days of leave were added to his leave account commencing 2 October 2003.

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The following members of the Board considered Docket Number BC-2003-02909 in Executive Session on 5 November 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 27 Aug 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPSFM, dated 24 Sep 03.
     Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 03.

                                   

AFBCMR BC-2003-02909

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 XXXXXXXX, XXX-XX-XXXX be corrected to show that, provided he reimburses the government for the leave sold during the period 1-15 Aug 02,39.5 days of leave were added to his leave account commencing 2 October 2003.