RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04971
		
						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED

APPLICANT REQUESTS THAT:

Her leave balance as of 1 Oct 14 be restored.

APPLICANT CONTENDS THAT:

On 17 Sep 15, she unintentionally initialed the wrong block on her AF Form 1089, Leave Settlement Option, which denotes “cash settlement for all of my accrued leave”.  On the same date, she initialed the statement on her Reenlistment Worksheet, to “elect to carry forward all of my accrued leave into my next enlistment.”   
Her intent was to carry forward her leave rather than selling it back.  

She reviewed her Leave and Earning Statement (LES) and noticed the extra pay and zero leave balance and subsequently, reported the error to her commander.  

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 4/1 Enlistment/Reenlistment Document – Armed Forces of the United States, dated 30 Sep 15, she reenlisted on 1 Oct 15, for a period two years and one month in the grade of Master Sergeant (MSgt).    

According to DFAS Form 702, Defense Finance and Accounting Service Military Leave and Earnings Statement, for the period 1 – 31 Oct 15, provided by the applicant, she was paid for 43 days of unused leave.  

According to the applicant’s Master Military Pay Account (MMPA) on 30 Sep 15, she was paid a lump sum payment for 43 days of accrued leave.  

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the applicant’s request, indicating that the 43 days of leave, sold at the time of her reenlistment, be restored with garnishment of wages as the solution for recoupment of expenses paid by DFAS.

After reviewing the evidence provided, the applicant’s case indicates an error on her AF IMT 1089.

In accordance with AFI 36-3003, Military Leave Program (AFGM2016-09), dated 2 Mar 16, paragraph 4.6., states title 37, United States Code, section 501, is the authority for payment for accrued leave upon reenlistment, retirement, separation under honorable conditions, or death.  It limits payment of accrued leave to 60 days in a military career effective 10 Feb 76.”  

A complete copy of the AFPC/DP2SSM 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 10 May 18, 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 office of primary responsibility (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.	

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:

a.	 She had 43 days of leave restored to her FY 2016 LEAVE BF-BALANCE, effective 1 Oct 15.

b.	 Her wages be garnished as a solution for recoupment of
expenses paid by DFAS. 

The following members of the Board considered AFBCMR Docket Number BC-2015-04971 in Executive Session on 9 Mar 17, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

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

	Exhibit A.  DD Form 149, dated 17 Nov 15, w/atchs.
	Exhibit B.  Excerpt from Master Personnel Record
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 14 Mar 16.
	Exhibit D.  Letter, AFBCMR, dated 10 May 16.

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.