RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-00882
		
						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His records be corrected to reflect that 21.5 days of leave were restored to his leave balance.

APPLICANT CONTENDS THAT:

In April 2005, he completed an Extended Active Duty (EAD) tour at Maxwell Air Force Base, Alabama and immediately transitioned to a new set of Air National Guard (ANG) orders with no break in service.  While outprocessing, he was advised that he had to sell 21.5 days of leave back or let the leave “disappear” from his record with no compensation.  

In Accordance With (IAW) Department of Defense (DoD) 7000.14R, Financial Management Regulation, he should have been given the opportunity to “carry forward unused leave to his next period of active duty.”  Had he been offered the choice, he would have chosen to carry his leave forward.  

In support of his request, the applicant provides an excerpt from DoD 7000.14R, copies of his special orders and an ANG/AFR Point Credit Summary.

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

STATEMENT OF FACTS:

According to special order AGA-408, dated 8 Apr 02, on 30 Apr 02, the applicant was ordered to Extended Active Duty (EAD) for a period of three years. 

According to special order AA-89, dated 29 Apr 05, on 1 May 05, the applicant was ordered to EAD.   

According to the applicant’s Air National Guard (ANG)/Air Force Reserve (AFR) Point Credit Summary, dated 27 Feb 15, he was on continuous active duty during the period 30 Apr 02 – 18 May 14.

On 30 Nov 15, the applicant was relieved from active duty and retired effective 1 Dec 15 in the grade of Lieutenant Colonel (0-5).  He was credited with 20 years and 26 days for retirement.  

According to Department of Defense (DoD) 7000.14-R, vol 7A, Chapter 35, table 35-2, rule 5, “Reserve members may elect to carry forward unused accrued leave to their next period of active duty.”  
In an email dated 24 Aug 16, DFAS stated on 29 Apr 05, the applicant sold 21.5 days of leave.  

AIR FORCE EVALUATION:

NGB/FMF recommends approval.  In 2005, the applicant sold 21.5 days of leave.  Members who go from one active duty order to another without a break in service may carry the leave balance from order to order.  The applicant was on continuous active duty orders with no break in service since 2002.  Therefore, 21.5 days of leave should be restored to the applicant’s master leave records after he repays the monies received from selling back the 21.5 days of accrued leave.  

A complete copy of the NGB/FMF 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 2 Dec 15, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an error or injustice.  We note the applicant states that he was advised that he had to sell 21.5 days of leave.  However, as noted by NGB/FMF, members who go from one active duty order to another without a break in service may carry the leave balance from order to order.  Giving the evidence reflects the applicant did not have a break in service, we find it in the interest of justice to correct the record.  Therefore, we agree with the recommendation of the Air Force office of primary responsibility that the applicant’s records should be corrected to reflect that 21.5 days of leave were restored to his leave balance.  Accordingly, we recommend the applicant's records be corrected as indicated 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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on:

a.	 On 29 April 2005, he was erroneously paid Lump Sum Leave
(LSL) in the amount of $4,132.73 for twenty-one and a half (21.5) days of LSL.

b.	 The payment issued on 29 April 2005, for the 21.5 days of
LSL be collected and the LSL paid in 2015 be increased by 21.5 days.  

The following members of the Board considered AFBCMR Docket Number BC-2015-00882 in Executive Session on 21 Jan 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  Due to the unavailability of ----------, ------------- will sign as the acting Panel Chair.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 Feb 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Master Personnel Records.
Exhibit C.  Memorandum, NGB/FMF, dated 23 Nov 15.
Exhibit D.  Letter, SAF/MRBR, dated 2 Dec 15.