RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-02974
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His record be corrected to reflect that nine days of lost leave as of 30 Sep 14, were restored, and he receive payment for the nine days of leave.

APPLICANT CONTENDS THAT:

In order not to lose leave when he retired on 1 Jan 15, he submitted leave paperwork in accordance with what he was told at his finance out-brief.  His Dec 14 Leave and Earning Statement (LES) reflected he lost 9 days of as of 30 Sep 14.  In Mar 15, his finance service office (FSO) submitted paperwork to DFAS to resolve this matter.  In May 15 he submitted a claim for payment of the nine days of lost leave, but he has not received any response.  Losing the nine days of leave is unjust.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 29 Dec 94.

On 31 Dec 14, the applicant was furnished an honorable discharge, retired effective 1 Jan 15, and was credited with 20 years and 2 days of active service.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility, which are included at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial indicating there is no evidence of an error or injustice.  In accordance with (IAW) AFI 36-3003, Military Leave Program, unit commanders are responsible for advising members who schedule “use or lose” leave in Aug or Sep that they risk losing leave on 1 Oct if military requirements or personal circumstances prevent them from taking leave at that particular time.  Also, IAW AFI 36-3003, indicates that members can ask the FSO to verify regular and SLA leave balances to determine “use or lose” leave status.  “Use or lose” leave means leave days members lose if not used before 1 Oct.  While the applicant contends he submitted leave paperwork in Sep 14 in accordance with what he was briefed at his retirement finance out-brief, he did not provide any documentation of being miscounseled by the FSO and losing nine days of leave on 1 Oct 14.  Records reveal he did not start terminal leave until 2 Oct 14; therefore, the nine days were not available to be used after 1 Oct 14 and his leave should have been adjusted accordingly.  
A complete copy of the AFPC/DP2SSM evaluation is at Exhibit C.

DFAS/IN recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The Master Military Pay Account is programed to automatically remove any leave days in excess of the max 75 days upon change from one FY to another.  Records revealed the applicant carried a max leave balance from FY13 to FY14 of 75 days.  At the end of FY14 (1 Oct 14) he would have had 84 days of leave.  As the applicant contends he was aware he would be authorized permissive temporary duty (PTDY), he submitted leave paperwork based on what he was told at his finance out-brief.  As he was advised prior to retirement, that the nine days of leave would be carried forward, and that this is not unusual as he would not have been in receipt of Lump Sum Leave pay, they are recommending approval of the requested relief.  

A complete copy of the DFAS/IN evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 6 Jan 17 for review and comment within 30 days (Exhibit E).  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 AFPC/DP2SSM and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Specifically, the applicant did not provide supporting documentation that he was miscounseled at his finance out-brief. During the matter in question, the applicant had accumulated 84 days of leave as of 30 Sep 14, 9 days in excess of the maximum number of 75 days upon change of one FY to another.  Since he did not start terminal leave until 2 Oct 14, the 9 days of leave were not available to be used in the new FY.  We did note that DFAS/IN recommends granting the requested relief because of the alleged erroneous guidance received at his finance out-brief, that the 9 days of leave would be carried forward.  However, the Board is not compelled to grant the requested relief, without supporting documentation that the applicant was miscounseled.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.  

THE BOARD RECOMMENDS 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-2016-02974 in Executive Session on 25 Jul 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02974 was considered:

	Exhibit A.  DD Form 149, dated 18 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 26 Sep 16.
	Exhibit D.  Memorandum, DFAS/IN, dated 29 Sep 16.
	Exhibit E.  Letter, SAF/MRBR, dated 6 Jan 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.