RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01379 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that 16 days of leave were restored to his leave balance. ________________________________________________________________ APPLICANT CONTENDS THAT: While he was on terminal leave, he was notified of his selection for promotion to senior master sergeant (E-8). He accepted the promotion and was approved for withdrawal of his retirement. Between 8 Mar 12 and 23 Mar 12, he sent numerous emails and made several phone calls attempting to receive guidance. On 23 Mar 12, he finally received an email notifying him of his assignment. Due to the delay in receiving guidance from his servicing Force Support Squadron, he spent 16 days of leave, from 8 Mar 12 through 23 Mar 12, that should be restored. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records reflect that he is currently serving on active duty in the grade of senior master sergeant (E-8). On 8 Mar 12, while on terminal leave in Tampa, FL, the applicant was informed that he had been selected for promotion to senior master sergeant (E-8), accepted the promotion and withdrew his application for retirement. On 22 Mar 12, the applicant reenlisted in the Air Force for a period of two years and one month. On 5 Apr 12, the applicant was issued permanent change of station (PCS) orders assigning him from Spangdahlem AB, Germany and on 25 Apr 12, he reported to his gaining unit at Randolph Air Force Base, Texas. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice. The applicant’s terminal leave was carried out in accordance with AFI 36-3003, Military Leave Program (AFGM 4), which indicates terminal leave is chargeable leave taken in conjunction with retirement or separation from active duty. The applicant signs a statement of understanding that they will not return to duty after terminal leave begins and is informed of the ramification that would result from returning to duty once placed on terminal leave status. There is insufficient documentation to support the applicant’s request. A complete copy of the AFPC/DPSIM 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 13 Jan 14 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 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 an error or injustice. The applicant argues that because he was selected for promotion and withdrew his retirement, that he should not be charged for the terminal leave he used. However, after a thorough review of the evidence of record and the applicant’s complete submission, we are not convinced that he is the victim of an error or injustice. While the applicant was allowed to return to active duty once it became clear that he was selected for promotion, this fact, in and of itself, does not constitute an error on the part of the Air Force, nor, in our view, does it cause the applicant to be the victim of an injustice. Ultimately, the applicant was in a leave status and appropriately charged leave; but he has presented no evidence whatsoever that would cause us to believe he is 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-2013-01379 in Executive Session on 13 Feb 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Mar 13. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSIM, dated 16 Nov 13. Exhibit D. Letter, SAF/MRBR, dated 13 Jan 13. Panel Chair 3