RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02692
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His AF Form 1089, Leave Settlement Option, dated 21 Apr 15, be honored to allow him to receive a cash settlement for his accrued leave in conjunction with his 31 Mar 15 reenlistment.  

APPLICANT CONTENDS THAT:

He made it clear to the reenlistment office that he wanted to sell his accrued leave, however, they highlighted the wrong box on the form causing him to carry forward all of his accrued leave.

In support of his request, the applicant provides copies of his AF Form 901, Reenlistment Eligibility Annex to DD Form 4; DD Form 4/1, Enlistment/Reenlistment Document, dated 31 Mar 15; AF Forms 1089, Leave Settle Option, dated 17 Mar 15 and 21 Apr 15, and various emails from the Force Support Squadron indicating they made a mistake with this leave request form.

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 master sergeant (E-7).  According to Special Order Number AC-009331, dated 15 Sep 15, he is scheduled to retire from active duty, effective 1 Sep 16.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPSOA recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  On 31 Mar 15, the applicant reenlisted for 2 years and 9 months.  Per the email trail attached to applicant’s request it is clear he was misled on his AF Form 1089, dated 17 Mar 15, in reference to his leave options.  The Force Support Squadron (FSS) apologized for making the mistake and tried to correct his record by having him complete a new AF Form 1089 on 21 Apr 15 to reflect he opted to sell back all his accrued leave.  However, the FSS was not authorized or in compliance with the leave sell guidance when they directed applicant to complete a new AF Form 1089.

Although DPSOA agrees the applicant was misled by the FSS, the Defense Finance and Accounting Service (DFAS) will not accept an AF Form 1089 completed after the reenlistment date.
 
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 5 Nov 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 took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.	

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 31 Mar 15, competent authority granted the applicant’s request to sell his accrued leave in conjunction with his reenlistment.

The following members of the Board considered AFBCMR Docket Number BC-2015-02692 in Executive Session on 14 Jun 16 under the provisions of AFI 36-2603:

				  , Panel Chair
				   , Member
				    , Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Jun 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOA, dated 12 Aug 15.
	Exhibit D.  Letter, AFBCM, dated 5 Nov 15.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.