RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00901
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The sixty (60) days of leave he sold at the time of his reenlistment be rescinded.
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APPLICANT CONTENDS THAT:

He was miscounseled by the Retention Counselor.

In support of his request, the applicant provides copies of his AF Form 1089, Leave Settlement Option; DD Form 4, Enlistment/Reenlistment Document – Armed 
Forces of the United States, memorandum from his commander, and various other documents associated with his request.

The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force.  Accordingly, there is
 no need to recite these facts in this Record of Proceedings.
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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states that the applicant clearly initialed the first block which reads "Cash Settlement for all of my Accrued Leave." 
 When this election is made the member is paid for all their accrued leave up to the congressional mandated limit of 60 days for a career.  If this 
request is approved it would set the precedent for anyone who changed their mind after selling leave.

The complete DPSOA evaluation is at Exhibit C.

AFPC/DPSIM recommends approval.  DPSIM states that the applicant 
provided two copies of the AF IMT 1089.  One indicates that the 
applicant approves of a cash settlement while the later form 
indicates that the leave should be carried forward.  Moreover, 
the applicant signed a memorandum, endorsed by his squadron 
commander explaining the Leave settlement error.  After 
reviewing the evidence provided, the applicant's case clearly 
indicates that an error or an injustice occurred; specifically, 
he was miscounseled and subsequently inaccurately completed AF 
IMT 1089.

The complete DPSIM evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 Dec 2013, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 
30 days.  As of this date, this office has received no response 
(Exhibit E).

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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 warranting 
corrective action.  We note the comments by AFPC/DPSOA; nonetheless, based on the evidence of record and that provided 
by the applicant, we find the evidence is sufficient to conclude the applicant was miscounseled.  Therefore, we agree with the 
opinion and recommendation of AFPC/DPSIM and adopt its rationale as the basis for our conclusion the applicant has been the 
victim of an error or injustice.  Accordingly, we recommend the applicant’s records be corrected as set forth below.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our 
understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.
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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 he did not elect to receive cash 
settlement for sixty (60) days of unused accrued leave at the time of his reenlistment in the Regular Air Force on 19 Jun 2012 and that 60 days of leave
 were restored to his leave account.
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The following members of the Board considered this application in Executive Session on 9 Jan 2014, under the provisions of AFI 36-2603:

 , Panel Chair
 , Member
 , Member

All members voted to correct the record as recommended.  The following documentary evidence pertaining to AFBCMR BC-2013-00901 was considered:

    Exhibit A.  DD Form 149, dated 5 Feb 2013, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, dated 19 Mar 2013.
    Exhibit D.  Letter, AFPC/DPSIM, dated 16 Nov 2013.
    Exhibit E.  Letter, SAF/MRBR, dated 6 Dec 2013.
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