RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2016-04663 COUNSEL: NONE
HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
Nineteen (19) days of annual accrued leave be restored.

APPLICANT CONTENDS THAT:

In Sep 15, he began the Medical Evaluation Board (MEB) process and was briefed by the Physical Evaluation Board Liaison Officer (PEBLO) that it would take three to six months. Subsequently, he was asked to sign a statement of understanding to the effect that he could not deploy, take a Permanent Change of Station assignment, go on a Temporary Duty (TDY) assignment, or take leave. In August 2016, the MEB process concluded. He received his separation orders on 24 Aug 16, with a separation date of 27 Nov 16.

During his final out-processing appointment with finance, he was informed that he would be reimbursed for the 19 days in his final Leave and Earning Statement (LES). In Oct 16, he reviewed his LES and discovered he had lost 19 days of leave.

He was instructed by finance that his only recourse would be to file a Special Leave Accrual (SLA) request.  However, his Military Personnel Section (MPS) refused to submit his request.

Not being allowed leave during the MEB process, the time between receiving his orders and beginning his permissive/terminal leave did not allow him to take the 19 days of leave.
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

According to DFAS Form 702, Defense Finance and Accounting Service Military LES, provided by the applicant, reflects he lost 19 days of leave during the period 1 – 31 Oct 16.

On 7 Oct 15, the applicant initialed and signed a Disability Evaluation System (DES) Acknowledgment Sheet, wherein he acknowledged, “I understand that I may not go on leave, TDY or deploy without obtaining approval through my PEBLO/MEB office. I further understand that I may not have surgery (unless emergency to save life, limb, or eyesight) within 6 months of my Date of Separation (DOS), and must coordinate approval through my PEBLO/MEB office.

On 27 Nov 16, the applicant was furnished an honorable discharge, with narrative reason for separation of Disability, Severance Pay, Non-Combat (Enhanced), and was credited with 13 years, 8 months, and 17 days of active service.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force Office of Primary Responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial, indicating the applicant did not provide a copy of the statement he signed by the PEBLO stating leave was not authorized. Additionally, the applicant was able to take 37 days of leave starting 8 Sep 15 to 23 May 16 during the MEB process.

IAW AFI 36-3003, Military Leave Program, dated 11 May 2016, paragraph 3.6., 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. A military career includes former service in enlisted or officer status. Cumulative payment for accrued leave as an enlisted member, officer, or both cannot exceed 60 days. DoD Regulation 7000.14-R, Volume 7A, Department of Defense Financial Management, Military Pay Policy - Active Duty and Reserve Pay, Table 35-1, outlines when members may carry leave forward or receive payment for accrued leave when separating with or without immediate reentry on active duty.
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 13 Oct 17, 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 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 Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, we find no basis to recommend granting the requested relief.

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 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-2016-04663 in Executive Session on 29 Mar 18, under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:
Panel Chair
, Member Member
The following documentary evidence pertaining was considered: Exhibit A.  DD Form 149, dated 18 Nov 16, w/atchs.
Exhibit B. Excerpts from Master Personnel Records. Exhibit C.  Memorandum, AFPC/DP2SSM, dated 4 Oct 17,
w/atchs.
Exhibit D. Letter, SAF/MRBC, dated 13 Oct 17, w/atchs.

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 matter.