RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05286
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her AF Form 1089, Leave Settlement Option, signed 2 Dec 13, be corrected to reflect she elected to “CARRY FORWARD ALL OF MY ACCRUED LEAVE.”

APPLICANT CONTENDS THAT:

At the time she signed the document she was miscounseled regarding choosing a cash settlement for all of her accrued leave.  She thought she would be receiving the settlement based on the amount of leave she had at the time (2 weeks of leave) she signed the AF Form 1089, not at the time of entering the extension two years later.  Two years after signing the AF Form 1089 she gained 55 days of leave, and did not realize all of it would be cashed out, up to 60 days.  Had she known the facts above, she would have chosen to carry forward all of her accrued leave.  She understands if her AF Form 1089 is changed per her request, she would be required to pay back the leave payment she received.  

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

STATEMENT OF FACTS:

At the time of the matter in question, the applicant was serving in the Regular Air Force in the grade of staff sergeant (E-5).

On 27 Nov 13, the applicant signed AF Form 1411, EXTENSION OR CANCELLATION OF EXTENSIONS OF ENLISTMENT IN THE REGULAR AIR FORCE (REGAF) AIR FORCE RESERVE (AF RESERVE) AIR NATIONAL GUARD (ANG), extending her enlistment for a period of 48 months, effective 3 Nov 15.  She acknowledged (checked box 7, Section III, that she may be eligible to sell all or part of her accrued leave upon entry into this extension, or carry her accrued leave forward.

On 2 Dec 13, the applicant signed/initialed AF Form 1089, Leave Settlement Option, selecting a cash settlement for all of her accrued leave in conjunction with entering her first extension on 3 Nov 15.

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

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The applicant stated that she was miscounseled when filling out the paperwork to choose a cash settlement for all of her accrued leave. She thought she would be receiving the settlement based on the amount of leave she had at the time she signed the AF Form 1089, not at the time of entering the extension.  In accordance with (IAW) AFI 36-3003, Military Leave Program (AFGM2016-09) (dated 02 Mar 16), Paragraph 4.6. “Payment for Accrued Leave. Title 37, U.S.C., 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.  They recommend approving the relief sought for 55 days of leave, sold at the time of entering the applicant’s extension, be restored with garnishment of wages as the solution for recoupment of expenses paid by DFAS.

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 11 May 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATIONS

AFPC/DP3ST recommends denial indicating there is no evidence of an error or an injustice.  The Applicant extended her enlistment on an AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force/Air Force Reserve/Air National Guard, for 48 months for an assignment on 27 Nov 13 with a zone A multiple 6.0 Selective Reenlistment Bonus.  She checked block 7 of section III, Extension Counseling stating “If this is the first extension of my current enlistment, I understand I may be eligible to sell all or part of my accrued leave upon entry into this extension or carry my accrued leave forward”.  Since this was the applicant’s first extension of her current enlistment she was eligible to sell back some or all of her leave.  She signed an AF Form 1089 on 2 Dec 13 electing (by initialing the appropriate block) she chose to receive a cash settlement for all of her accrued leave.  

It appears applicant’s request is based on her changing her mind about selling back her leave.  They opined this belief is supported by the written counseling applicant received and her contending she wanted to sell back 2 weeks of leave, but is asking for her record to be corrected to show no leave was sold; instead of asking for her record to reflect the 2 weeks sold she contends she wanted.  

A complete copy of the AFPC/DP3ST evaluation is at Exhibit E.

AFPC/DP2SSM recommends denial indicating there is no evidence of an error or an injustice.  Upon review of the new information provided by the Reenlistments Office (AFPC/DP3ST), the AF Form 1089 signed by the applicant is the counseling needed before entering an extension.  The AF Form 1089 clearly states “in conjunction with me entering my first extension on 03 Nov 15 I hereby make the leave settlement election as indicated below.”  The applicant chose the “cash settlement for all of my accrued leave” option.  Therefore, they opine that applicant was counseled correctly by acknowledging the statement with her signature.  

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit F.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the additional Air Force evaluations were forwarded to the applicant on 3 Feb 17 for review and comment within 30 days (Exhibit G).  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.  Insufficient 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; however, we agree with the opinion and recommendation of the AFPC/DP3ST and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  We noted AFPC/DP2SSM’s first recommendation to grant the requested relief based on the applicant meeting the criteria of AFI 36-3003, Military Leave Program, payment for Accrued Leave. However, after their review of the new information (AF Form 1089) provided by the AFPC/DP3ST, noting the applicant signed the form acknowledging she wanted to sell all accrued leave upon entering her first extension on 3 Nov 15, their additional advisory signed 2 Feb 17, recommends denying the relief sought by the applicant.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-05286 in Executive Session on 20 Apr 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05286 was considered:

	Exhibit A.  DD Form 149, dated 15 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 14 Mar 16.
	Exhibit D.  Letter, SAF/MRBR, dated 11 May 16.
	Exhibit E.  Memorandum, AFPC/DP3ST, dated 7 Dec 16.
	Exhibit F.  Memorandum, AFPC/DP2SSM, dated 2 Feb 17. 
	Exhibit G.  Letter, SAF/MRBR, dated 3 Feb 17. 

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.