RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                  DOCKET NUMBER:  BC-2012-04532

			                             COUNSEL:  NONE

			                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that on 12 Jan 12, he 
elected to sell some of his accrued leave prior to entering into 
his first extension of his enlistment. 

________________________________________________________________

APPLICANT CONTENDS THAT:

He was never briefed on the opportunity to sell back leave in 
conjunction with the extension of his enlistment, and therefore 
did not complete the mandatory AF Form 1089, Leave Settlement 
Option.  Because he was deprived of the opportunity to sell his 
leave when he extended his enlistment, he eventually lost leave 
at the end of the fiscal year..

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


STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of staff sergeant (E-5).

According to AFI 36-2606, Reenlistment in the United States Air 
Force, paragraph 5.11, accrued leave may be sold upon 
reenlistment or entering into the first extension of an 
enlistment, to include subsequent reenlistments.  Airmen 
document their leave sell option on an AF Form 1089.  Changes 
may be made no later than ten calendar days prior to entering 
into the extension of enlistment and airmen reenlisting must do 
so at any time before they reenlist.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial, indicating there is no evidence 
the applicant requested or wanted to sell back leave at the time 
he extended for retraining.  On 12 Jan 12, the applicant 
extended his enlistment for 23 months to obtain retainability 
for retraining.  Because this was his first extension, he was 
authorized to sell back a maximum of 60 days of leave or carry 
forward all accrued leave; he acknowledged his options in this 
regard in the seventh block of Section III (Extension 
Counseling) of the AF Form 1411, Extension or Cancellation of 
Extensions of Enlistment in the Regular Air Force (REGAF)/Air 
Force Reserve (AF Reserve)/Air National Guard (ANG).  Therefore, 
it is clear the applicant was advised of his entitlement.  If 
there is no AF Form 1089 on file, accrued leave is automatically 
carried over.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 21 Jan 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

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 an 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 office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
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.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2012-04532 in Executive Session on 10 Sep 13, under 
the provisions of AFI 36-2603:

		           , Panel Chair
		           , Member
		           , Member

The following documentary evidence was considered:

	 Exhibit A.  DD Form 149, dated 15 Oct 12, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, AFPC/DPSOA, dated 11 Jan 13.
	 Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 13.