RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03634 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect that he did not sell leave at the end of his military career. 2. His records be corrected to remove any reference to being Absent Without Leave (AWOL). ________________________________________________________________ APPLICANT CONTENDS THAT: He intended to take his terminal leave in Jan 2011; however, due to an ongoing investigation, he was required to remain on active duty until 21 Mar 2011. Consequently, his terminal leave was cancelled. He did not take nor sell any leave prior to his retirement. Furthermore, he was never AWOL. He was hospitalized in Jan 2011 and physicians failed to notify his unit. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: In a 22 Oct 2012 letter to the applicant, AFPC/DPTOS states that the applicant was never on AWOL status and the system was never updated with lost time or any type of AWOL/confinement duty status. He did have a Case Management System case (3155079) started, placing him in AWOL status, however on 27 Jan 2011, before the case was processed, his unit stated that the case should be withdrawn because he was not AWOL but rather physicians failed to notify his command that he was hospitalized. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the applicant’s request that his records be corrected to reflect he did not sell leave at the end of his military career. DPSIM states that the applicant provided a letter from DFAS, dated 2 Aug 2012, stating that a re-audit of his account revealed that he was entitled to sell 29.5 days of leave due to late posting of his terminal leave and due to being AWOL for one day on 25 Jan 2011. In addition, DFAS stated that he was originally paid 60 days of lump sum leave; however, it was adjusted to 29.5 days paid. AFI 36-3003, Military Leave Program, Title 37, U.S.C., Section 501, is the authority for payment for accrued leave upon reenlistment, retirement, separation under honorable conditions, or death. It limits payment of accrued leave to 60 days in a military career effective 10 Feb 1976. The complete DPSIM evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 Jan 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response. ________________________________________________________________ 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. After thoroughly reviewing the evidence of record and the applicant’s complete submission, we are not persuaded relief is warranted. While the applicant states that he did not take or sell leave prior to his retirement, the DFAS-IN Form 0-641, Statement of Military Pay Account, provided by the applicant, reflects that he was paid for 29.5 days of leave. Therefore, without documentary evidence to the contrary, 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 the applicant has failed to sustain his burden of having suffered either an error or an injustice. In regard to his request that his record be corrected to remove any reference to being AWOL, as pointed-out in DPTOS’s letter dated 22 Oct 2012, the system was never updated with lost time or AWOL/confinement duty status, therefore this request is moot. In view of the above we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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 this application in Executive Session on 21 May 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-03634: Exhibit A. DD Form 149, dated 12 Aug 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 2 Jan 2013. Exhibit D. Letter, SAF/MRBR, dated 21 Jan 2013.