RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-03426 

 COUNSEL: NONE 

 XXXXXXX 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His date of separation be adjusted to pay for 57.5 days of leave. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His commander offered him terminal leave but it was only after he 
had made plans to retire on a specific date. 

 

In support of his application, applicant provides a copy of his 
Leave and Earnings Statement 

 

Applicant’s complete submission, with attachment, is at Exhibit 
A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Applicant retired on 31 October 1999 in the grade of technical 
sergeant after serving 20 years and 22 days of total active 
service. 

 

The applicant’s fiscal year 2000 (FY00) pay file reflects 57.5 
days of leave upon retirement. He was paid for a total of 60 days 
leave in March 1987 and March 1993. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIMC recommends denial and states that AFI 36-3003, 
Military Leave Program, indicates the applicant must clearly 
establish that an error or injustice by the Air Force caused his 
lost leave. Title 10, USC, Section 501, is the authority for 
payment of accrued leave upon reenlistment, retirement, and 
separation under honorable conditions or death. It limits payment 
of accrued leave to 60 days in a military career. Cumulative 
payment for accrued leave as an enlisted member, officer, or both 
cannot exceed 60 days. The applicant was paid for a total of 60 
days leave. After reviewing the member's case, they find no error 



or injustice by the Air Force causing the member to retire 
with a leave balance of 57.5 days. 

 

AFPC/DPSIMC’s complete evaluation, with attachment, is at 
Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 24 October 2008 for review and comment within 30 days. As of 
this date, this office has received no response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

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 office of primary responsibility 
and adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. 
Therefore, in the absence of evidence to the contrary, we find no 
compelling basis to recommend granting the relief sought in this 
application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of probable material error or 
injustice; that the application was denied without a personal 
appearance; and that 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 Docket Number 
BC-2008-03426 in Executive Session on 9 December 2008, under 
the provisions of AFI 36-2603: 

 

  Panel Chair 

 Member 

  Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Sep 08, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIMC, dated 10 Oct 08. 

 Exhibit D. Letter, SAF/MRBR, dated 24 Oct 08.