RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03796 

 

 COUNSEL: 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be entitled to all pay and allowances from being placed on 
involuntary excess leave during the period of 29 September 2007 
through 31 December 2007. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

According to AFI 36-3003, Military Leave Program, paragraph 
6.8.3, and 6.8.4.1, he qualifies for pay and allowances when 
placed in involuntary excess leave status. 

 

In support of his request, the applicant provides a copy of 
DFAS-IN Form 0-642, an excerpt from AFI 36-3003 and a copy of 
his DD Form 214, Certificate of Release or Discharge from Active 
Duty. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Based on the available records, the applicant was discharged 
from all appointments under the provisions of AFI 36-3207, Separating Commissioned Officers, with a narrative reason for 
separation of “In Lieu of Trial by Court-Martial,” and issued an 
Under Other Than Honorable Conditions (UOTHC) character of 
service. He was credited with 4 years, 5 months and 2 days of 
active duty service. 

 

The applicant previously submitted a request, which was granted 
in part, for receipt of pay and allowances from involuntary 
excess leave from 29 August 2007 through 28 September 2007, 
erroneously charged in conjunction with his 31 December 2007 
separation (Exhibit B). 

 

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AIR FORCE EVALUATION: 

 

DFAS-IN recommends denial. In an undated advisory opinion, 
DFAS-IN states the period identified by the applicant is listed 
as appellate review leave. This leave was assigned based on the 
applicant’s resignation in lieu of trial by court-martial. The 
applicant references AFI 36-3003, paragraph 6.8.4 which reads: 
“Reverting to Pay Status for Appellate Review Leave. For 
overruled or set-aside court martial sentences, members: 
6.8.4.1 Qualify for excess leave taken when directed by the unit 
commander.” This reference clearly states the application is 
only in cases where the court-martial sentences were either 
overruled or set-aside. The applicant has provided no evidence 
to apply this instruction. 

 

The complete DFAS-IN evaluation is at Exhibit C. 

 

AFPC/DPSIM recommends denial. DPSIM states AFI 36-3003, note 
below Para 10.9, states in part, the only way a member can 
revert to pay status from Appellate Review Leave for set-aside 
court-martial sentences is if the unit commander directs it. 
Additionally, the applicant failed to provide a memorandum 
signed by the unit commander stating that the applicant 
qualified for pay and allowances for the excess leave taken. In 
accordance with AFI 36-3003, Para 6.8.5, excess leave is 
considered as leave without pay and allowance and they do not 
receive disability pay, if injured, for time spent on excess 
leave. The applicant was on Appellate Review Leave and 
allowances were not approved by unit commander. 

 

The complete DPSIM evaluation is at Exhibit D. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force advisories were mailed to the applicant 
on 17 April 2012 for review and comment within 30 days 
(Exhibit E). 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. 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 offices of primary responsibility and adopt 
their rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application. 

 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03796 in Executive Session on 28 June 2012, under 
the provisions of AFI 36-2603: 


 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-03796 was considered: 

 

 Exhibit A. DD Form 149, dated 1 November 2010. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, DFAS-IN, not dated. 

 Exhibit D. Letter, AFPC/DPSIM, dated 10 April 2012. 

 Exhibit E. Letter, SAF/MRBR, dated 17 April 2012.