RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02550
		INDEX CODE: 121.03 

		COUNSEL:  XXXXXX XXXXXXX

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

50 days of leave be restored to his leave account.

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APPLICANT CONTENDS THAT:

He was forced to take leave because he was wrongfully dismissed from duty. He filed a complaint with the Inspector General (IG) in Jackson, MS. As a result of the IG’s findings, he was placed back on orders but had already used his leave.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant, a member of the Mississippi Air National Guard (MSANG), was serving as an instructor at the Regional Counter-Drug Training Academy (RCDT) in the grade of technical sergeant (TSgt).  On 25 September 2003, he violated RCTA policy regarding staff/student relationships.  Consequently, the Commandant of the training center issued him a Counseling Statement and a Letter or Reprimand to remain in his file for one year.  On 15 April 2004, the Commandant initiated a Notification of Intent to Release the applicant for misconduct and violation of the sexual harassment policy.  Applicant was to be separated from his tour with the RCDT effective 6 June 2004.  Soon after, in response to his belief he was being punished again for the same offense, he requested assistance from the Inspector General (IG).  The IG recommended he be reinstated to the RCTG program and to resume his duties.  Applicant resumed his duties on 14 June 2004.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI contends applicant was notified he would be terminated from the Regional Counter-Drug Training Academy (RCTA) for violating rules concerning fraternization with students attending the academy.  When he received the Notification of Intent to Release from Counter-drug Orders for misconduct and violation of the Sexual Harassment policy, he made application for, and received approval to use his remaining leave in terminal leave status.  While on terminal leave, he filed a complaint with the Mississippi IG. The ensuing investigation led to his reinstatement to RCTA.

DPPI concedes while it is unlikely he would have taken 52 consecutive days were his release from active duty not imminent, according to AFI 36-3003, members separated for cause will have the FSO determine payment for, use of, or forfeiture of accrued leave at the time of separation.  Applicant applied for leave and it was granted.

DPPI’s complete evaluation, with attachments, is at Exhibit B.

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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 April 2005 for review and comment within 30 days.  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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the restoration of 50 days of leave to the applicant’s leave account.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  While it is unlikely he would have taken 50 consecutive days of leave if not for the termination of his tour, the fact remains he applied for and was granted the leave along with associated pay and allowances.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  Notwithstanding the above, we note the result of a thorough JFH-IG inquiry resulted in a recommendation to reinstate the applicant.  Consequently he was returned to duty effective 14 June 2004.  Therefore, the Board recommends his records be corrected to the extent 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 on 7 June 2004, he was not released from his position, but on that date he continued to serve with the Regional Counterdrug Training Academy and the Mississippi Air National Guard.

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The following members of the Board considered this application in Executive Session on 7 July 2005, 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 12 Aug 04. 
    Exhibit B.  Letter, ANG/DPPI, dated 25 Mar 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 8 Apr 05.

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2004-02550

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 APPLICANT, be corrected to show that on 7 June 2004, he was not released from his position, but on that date he continued to serve with the Regional Counterdrug Training Academy and the Mississippi Air National Guard.