RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00841
INDEX CODE:  121.00
	XXXXXXXXXXXXXXXX				COUNSEL: NO

	XXXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

He be paid for his unused days of accrued leave.
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APPLICANT CONTENDS THAT:

He carried over eight and one-half days of accrued leave from his voluntary active duty tour when he was involuntarily ordered to extended active duty (EAD) in support of the events of 11 September 2001.  Ninety days prior to completion of his tour (24 September 2003), his finance office confirmed he had a balance of 32 days of unused leave.  He chose to sell the 32 days of unused leave; however, was only paid for 21.5 days.  

In support of his application, he provides copies of his active duty orders for the period 29 May 2001 through 28 September 2001; his involuntary recall to extended active duty order effective 24 September 2001 and its amendment; Duty Day Operational Guidance memorandum; his finance office’s e-mail confirmation of his unused leave balance; a memorandum on selling leave, and e-mail traffic concerning his attempt to resolve his leave discrepancy.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant currently serves as a lieutenant colonel in the Individual Mobilization Augmentee (IMA) Reserve program with a Total Federal Commissioned Service Date of 28 September 1979.  On 29 May 2001, the applicant was voluntarily recalled to EAD for a period of 91 days.  On 24 September 2001, the applicant was involuntarily recalled to EAD in accordance with Title 10, United States Code, Section 12302 (Presidential partial mobilization); in support of the events that took place on 11 September 2001.  On 17 July 2003, AFRC/FMAPH-RPO confirmed the applicant would have 32 days of unused leave considering his projected demobilization date of 24 September 2003.  

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AIR FORCE EVALUATION:

AFRC/FMFQ indicates that while the leave accounting policy had a negative impact on the applicant in this scenario, the policy was administered correctly.  FMFO states the applicant had accrued nine and one-half days of leave while on his 91-day Military Personnel Appropriation (MPA) tour; however, he used three days of leave prior to the end of his tour.  Therefore, his unused leave balance at the end of his MPA tour was six and one-half days instead of the eight and one-half days indicated by the applicant.  FMFO notes the applicant’s 91-day MPA tour was subject to the 60-day career limitation policy for selling back leave and the applicant had already reached his limit of 60 days of leave sold.  However, the applicant’s unused leave carried over for his use during his involuntary recall to EAD period because he did not have a break in service between the tours.  

FMFQ states that during the applicant’s involuntary recall to EAD period, he accrued 60.5 days of leave of which he used 48 days.  FMFQ notes that in accordance with the regulation that outlines leave accounting (DoDFMR, Volume 7A, Chapter 350102C), leave is charged in reverse order with the most recently accrued leave charged first.  This method is known as “Last In, First Out (LIFO)”.  FMFQ states that to prevent forfeiture of his 6.5 days of unused leave carried over from his MPA tour, the applicant would have had to use all of his accrued leave from both tours prior to the end of his involuntary EAD tour.  The ARPC/FMFQ evaluation 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 19 May 2004 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 to warrant partial relief.  In light of restrictions imposed by operational requirements during the period of his involuntary mobilization, it appears the applicant did not have the opportunity to use all of his earned leave.  In view of the foregoing, we believe that relief is warranted in this matter.  We note the applicant’s contentions that he lost 8.5 days of unused leave; however, according to the Air Force office of primary responsibility, the applicant’s military pay record indicates he lost 6.5 days of unused leave.  We also note that the applicant has already sold the maximum 60 days of leave allowed by law, necessitating that we compensate him by other means. Therefore, it is the Board’s opinion that in order to provide him fair and equitable relief, his records should 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 the APPLICANT be corrected to show that he was in a temporary duty status for a sufficient period of time and was paid total per diem in the amount equivalent to six and one half (6.5) days of pay and allowances.  
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The following members of the Board considered this application in Executive Session on 11 August 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence for AFBCMR Docket Number BC-2004-00841 was considered:

    Exhibit A.  DD Form 149, dated 2 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/FMFQ, dated 19 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.

AFBCMR BC-2004-00841

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 XXXXXXXXXXXXXXXXXX, be corrected to show that he was in a temporary duty status for a sufficient period of time and was paid total per diem in the amount equivalent to six and one half (6.5) days of pay and allowances.