RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02922
		INDEX CODE:  121.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Twenty days of leave be restored.

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APPLICANT CONTENDS THAT:

He lost 30 days of leave on 1 October 2001 due to 11 September 2001.  The leave was restored on 1 January 2002, to be used by 30 September 2004.  He took 10 days of leave in May 2002 and was told by the Financial Service Flight that only 20 days of leave could be carried over.  They further instructed him to take 30 days of leave prior to 1 October 2002 in order to preserve the 20 days of restored leave from 11 September 2001.  In October 2002, he lost the 20 days of leave and was told that it would be returned prior to his 1 January 2003 retirement based on a message from HQ DP.  When he out-processed on 31 December 2002, the leave still had not been restored to his account and he was told that he would need to submit an application to the Air Force Board for Correction of Military Records (AFBCMR) to have the leave restored.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 December 1980.

At the end of fiscal year 2002, the applicant lost 20 days of leave.  His Master Military Pay Account (MMPA) record reflected he had a leave balance of 60 days on 1 October 2002 and earned 7.5 days of leave as of 31 December 2002.  Prior to his 1 January 2003 retirement, he used 57 days of leave and sold 10.5 days of leave upon his retirement.  His MMPA further reflects he sold 40.5 days of leave in his military career.

In accordance with the governing law, Title 37, Section 501, a service member may sell a total of 60 days of leave during their military career.

He retired on 1 January 2003 in the grade of senior master sergeant (SMSgt).  He served 22 years and 16 days of active service.

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AIR FORCE EVALUATION:

AFPC/DPSFM states that paragraph 10.9.7 of the AFI 36-3003, states in part a member’s application for correction of military records must clearly establish an error or injustice by the Air Force caused the member’s lost leave.  AFI 36-3003, Paragraph 4.6 states payments for accrued leave are limited to 60 total days in a military career effective 10 February 1976.  The applicant’s MMPA reflected he had two different leave charges for the same period.  The first was for 31 days of leave from 20 August 2002 through 19 September 2002 and the second was for 30 days of leave from 20 August 2002 through 18 September 2002.  These entries into the applicant’s MMPA did not occur until 3 and 4 October 2002 and when the correction was made the applicant lost 20 days of leave that should have been protected under the Special Leave Accrual (SLA).

AFPC/DPSFM further states the applicant tried to get the problem corrected through his Financial Service Office (FSO) and that the FSO should have notified the Defense Finance and Accounting Service - Denver (DFAS-DE) of the error to have it corrected prior to the applicant’s retirement.  They recommend the applicant be granted partial relief and receive pay for 19.5 days of leave.

A complete copy of the evaluation is attached 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 24 October 2003, for review and response.  As of this date, no response has been received by this office.  

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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.  After careful consideration of the circumstances of this case, the Board noted the applicant was advised to take 30 days of leave in order to preserve the 20 days of leave under Special Leave Accrual (SLA); however, when changes were made to his leave account to reflect the leave he took, the 20 days of SLA were lost.  The applicant notified his FSO of the error and the FSO failed to notify DFAS of the error prior to the applicant’s retirement.  The applicant has requested 20 days of leave be restored, but AFPC/DPSFM recommends restoring 19.5 days of leave due to the applicant having sold 40.5 days of leave; however, the Board believes the applicant should not be penalized for the FSO’s failure to correct the error or notify DFAS prior to the applicant’s retirement.  Therefore, based on the evidence provided, the Board recommends the applicant 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 he was in temporary duty status for a sufficient number of days and was paid total per diem the equivalent of 20 days of basic pay.
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The following members of the Board considered AFBCMR Docket Number BC-2003-02922 in Executive Session on 2 December 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 28 Aug 03, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSFM dated 15 Oct 03.
   Exhibit D.  Letter, SAF/MRBR dated 24 Oct 03.

				

AFBCMR BC- BC-2003-02922
INDEX CODE:  121.03

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction for 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                     , be corrected to show that he was in temporary duty status for a sufficient number of days and was paid total per diem the equivalent of 20 days of basic pay.