RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02587 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be charged 12.5 days of leave to cover his debt in the amount of $1,790.63.  

APPLICANT CONTENDS THAT:

He sold 30 days of leave but was paid for 42.5 days of leave (12.5 more days of leave than he had requested to sell).  He was overpaid $1,342.97 but was told he had to pay back $1,790.63 (to include the taxes).  Since he was told he could not pay back only the $1,342.07 he received, he requests he be charged an additional 12.5 days of leave to clear his indebtedness.  

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force currently serving in the grade of Master Sergeant (MSgt, E-7).

According to the applicant’s AF Form 1089, Leave Settlement Option, dated 10 February 2016, he requested a cash settlement for 30 days of leave in conjunction with his reenlistment on 22 February 2016. 

In a letter dated 8 September 2017 (Exhibit E), the AFBCMR informed the applicant he had failed to exhaust the available administrative avenue of relief by not submitting an application to the Air Force Debt Remissions Board prior to requesting relief from the AFBCMR. The AFBCMR is the highest administrative level of appeal in the Air Force and applicants should exhaust all other available avenues of relief prior to seeking relief through the AFBCMR.   The applicant was provided a DD Form 2789, Remission/Waiver of Indebtedness Application, and advised he could submit a waiver/remission for his indebtedness through his local finance office.   The applicant was further advised he could request his case be administratively closed until such time as he had exhausted the available administrative avenue of relief.  As of this date, no response has been received from the applicant. 

The applicant’s military pay record shows he incurred a debt in the amount of $1,790.63.  The debt was the result of being paid for 42.5 days of leave sold although he had requested to sell only 30 days of leave.  The debt has since been paid in full.     

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. 

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.  The applicant did not provide any evidence to substantiate days of leave sold, proof of an indebtedness and documentation from his base finance office on the total days of leave sold in his career.  DOD Regulation 7000.14-R, Financial Management Regulation, outlines when members may carry leave forward or receive payment for accrued leave.  Additionally, AFI 36-3003, Leave Programs, paragraph 3.6 and 37 U.S.C. § 501, payment for accrued leave is limited to 60 days in a military career effective 10 February 1976.  Cumulative payment for accrued leave cannot exceed 60 days.  

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 6 February 2017 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an injustice.  We note there is no evidence the applicant filed an application for remission/waiver of his debt through his finance office to the Air Force Debt Remissions Board.  However, since his pay record reflects the debt was paid in full and he no longer has a debt on file, he is not eligible to submit an application to the Air Force Debt Remissions Board.  In view of this, it is our determination the applicant has exhausted all administrative remedies and his case is ripe for adjudication by this Board.  Having carefully reviewed the complete application, it is our opinion that while the applicant was a victim of an error, the administrative error which led to the overpayment in his leave settlement did not rise to a level of an injustice to warrant granting the requested relief.  In this respect, we do not find it would be in the interest of justice to permit the applicant to sell an additional 12.5 days of leave to cover the overpayment or waive the requirement for payment of federal income tax which is required by law.  Therefore, 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-2016-02587 in Executive Session on 7 November 2017 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 June 2016.  
	Exhibit B.  Excerpts of Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, 6 September 2016.
	Exhibit D.  Letter, AFBCMR, dated 6 February 2017.  
	Exhibit E.  Letter, AFBCMR, dated 8 September 2017.