RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2017-05010

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be allowed to carry 13 days of use/lose leave into Fiscal Year 2018 (FY18).

APPLICANT CONTENDS THAT:

In Jan 17, he was erroneously separated from the Air Force.  At that time, Defense Finance and Accounting Service (DFAS) cashed out his 50.5 day leave balance.  When the erroneous separation was corrected, he was told by DFAS that he could keep the money from the cashed out leave; however, in Sep 17, he was informed he would have to reimburse the money from the leave which would be restored to his leave account.

This situation put him in a use/lose status for 13 days of leave.  He did not have sufficient time remaining in the fiscal year to use the leave due to an already scheduled Temporary Duty (TDY) assignment.

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

STATEMENT OF FACTS:

On 2 Dec 98, the applicant initially entered the Regular Air Force.

On 7 Dec 16, the applicant’s request to extend his Expiration Term of Service of 31 Dec 16, for a period of 24 months for the purpose of retirement, was approved.

On 10 Dec 16, the applicant was issued an Air Force Form 100, Request and Authorization for Separation, effective 31 Dec 16, under Special Order Number AK-021885.

On 31 Dec 16, the applicant was furnished an Honorable discharge and credited with 18 years, 0 months, and 29 days active service.

On 4 Jan 17, the applicant’s Request and Authorization for Separation, Special Order Number AK-021885, dated 10 Dec 16, was revoked under Air Force Form 973, Request and Authorization for Change of Administrative Orders, Order Number AK-028968.

The applicant is currently serving on active duty with the Regular Air Force.

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 granting the applicant’s request, indicating there is evidence of error or injustice.

In accordance with Air Force Instruction (AFI) 36-3003, Military Leave Program, Air Force Guidance Memorandum (AFGM) 2017-01, dated 26 July 2017, 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.  See your financial services office for detailed information on payment of accrued leave.”

Additionally, AFI 36-3003, paragraph 6.1.9. states, “Members not eligible for SLA, for the reasons listed in paragraph 6.1.8, can request recovery of days lost by submitting a DD Form 149, Application for Correction of Military Records under the Provisions of Title 10, U.S. Code Section 1552.  See AFI 36-2603. Member’s application clearly establishes that an error or injustice by the Air Force caused the member’s lost leave. If the Board restores leave to current leave account, members must use these days before the end of the current FY.”

The applicant was erroneously separated, which caused 50.5 days of leave to be involuntarily sold. Due to the length of time it took for DFAS to restore the applicant’s leave, he was unaware that he would lose leave once it was restored.

After further analysis of the applicant’s record, DFAS failed to correct the applicant’s BL line in the Defense Joint Military Pay System to reflect the applicant did not sell 50.5 days of leave. After correcting the applicant’s pay record, DFAS restored the 50.5 days that were originally sold during his erroneous separation.  Failing to correct the applicant’s BL line will create problems in the future if the applicant chooses to sell leave at a later date, because 60 days of leave is the maximum amount of days that can be sold within a career.

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 16 Jan 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 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 record be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to 

a.  Thirteen (13) days of leave was restored to his current leave account.  

b.  His Defense Joint Military Pay System record reflect zero (0) leave days sold.

The following members of the Board considered AFBCMR Docket Number BC-2017-05010 in Executive Session on 13 Mar 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-05010 was considered:

	Exhibit A.  DD Form 149, dated 14 Nov 17, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 20 Dec 17,
w/atchs.
	Exhibit D.  Letter, SAF/MRBC, dated 16 Jan 18, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2017-05010, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.