RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01547
		INDEX NUMBER:  121.03
	XXXXXXXXXXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

19.5 days of leave be restored to his leave balance.

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APPLICANT CONTENDS THAT:

He was under the impression his leave account would be charged for leave days used before permissive TDY days were charged.  Instead his permissive TDY days were charged first, causing him to lose 19.5 days of leave.

In support of his appeal, applicant provides copies of the AF Form 988, “Leave Request/Authorization Forms,” processed for his terminal leave and permissive TDY.

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

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STATEMENT OF FACTS:

The applicant served on active duty in the Air Force from 7 Dec 83 to 31 Dec 03, retiring in the grade of technical sergeant (TSgt).

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AIR FORCE EVALUATION:

AFPC/DPF recommends 17.5 days of leave be restored to the applicant’s leave account.  This will give him a balance of 85 days as of 31 Dec 03 and satisfy his debt to the Air Force.

The applicant’s commander submitted a statement indicating the applicant was never properly briefed prior to retirement on his leave status and recommended the applicant’s lost leave be restored.  AFI 36-3003, Military Leave Program, states members lose leave in excess of 60 days at fiscal year end unless eligible for up to 30 days of special leave accrual (SLA).  The applicant was not eligible for SLA.  The applicant states he was under the impression his terminal leave would be charged first and his permissive TDY (PTDY) second.  The AF Forms 988 provided by the applicant clearly show his PTDY would be charged first and the terminal leave second.  The applicant had a leave balance of 77 days as of 30 Sep 03.  On 1 Oct 03, his leave balance was reduced to 60 days, causing him to lose 17 days of leave.

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 8 Oct 04 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 accept the determination and recommendation of AFPC/DPF the applicant should have 17.5 days of leave restored to his account.  We further adopt their rationale as the basis for recommending this relief.  We note the applicant requested restoration of 19.5 days of leave, but failed to provide evidence which sufficiently counters AFPC/DPF’s recommendation to restore only 17.5 days.  Therefore, we recommend 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 seventeen and one-half (17.5) days of annual 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-2004-01547 in Executive Session on 17 November 2004, 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 3 May 2004, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPF, dated 30 Sep 04, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.

AFBCMR BC-2004-01547

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 XXXXXXX, XXXXXXX, be corrected to show that seventeen and one-half (17.5) days of annual leave were added to his leave account commencing 2 October 2003.