RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04520 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. He be paid for 76.5 days of leave. 

 

2. His retirement pay be recalculated to include the 76.5 days of 
leave. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not receive pay for the days he accumulated. He was 
misled to believe that the leave days would automatically be paid 
to him at the time of his retirement; however, he was later 
advised by the Military Pay Office that there would be an audit 
which would settle any discrepancies. Unfortunately, the audit 
results did not happen until the last week prior to his 
retirement. He was unaware that earlier in his career he sold 
back leave and was not allowed to sell any more than 9 days of 
leave. Had he known that he would not be allowed to sell back 
his leave days, he would have appropriately managed his schedule. 
Needless to say, he was very disappointed to find out he would 
not be paid for his time. Losing these days was a great 
financial loss. He feels the real injustice is the short fall he 
will receive in his monthly pension checks over his lifetime. 

 

In support of his request, the applicant provides a copy of his 
Leave and Earning Statements, a copy of his DD Form 214, Certificate 
of Release or Discharge from Active Duty, a copy of 
his retirement order, and a copy of his award citation. 

 

His complete submission, with attachments, is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted from 
the applicant’s military records, are contained in the letters 
prepared by the appropriate offices of the Air Force. 
Accordingly, there is no need to recite these facts in this 
Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PS recommends denial. A1PS states that Title 10 U.S.C., 
Section 501, limits the number of days that can be paid to a 
member during their career to 60 days. A1PS notes that the 
Special Leave Accrual (SLA) allows a member to carry over leave 
in excess of 60 days when deployments or assignments to 
designated operational missions at the national level prohibit 
members form using leave; however, there is no provision in law 
that allows members to sell back anything over the 60 day 
military career limit. 

 

The NGB/A1PS complete evaluation, with attachments, is at Exhibit 
B. 

 

NGB/A1PS (Customer Support Policy Branch) recommends denial. 
A1PS concurs with the subject matter expert advisory. 

 

The NGB/A1PS complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 4 Feb 11 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 timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. In this reqard, 
the applicant requests payment for 76.5 days of leave and that 
his retirement pay be recalculated to include the 76.5 days of 
leave. He claims he was led to believe that the leave days he 
had accrued would automatically be paid to him at the time of his 


retirement; however, he provides no documentation regarding this 
issue. The applicant’s contentions are duly noted; however, we 
do not find these uncorroborated assertions, in and by 
themselves, sufficiently persuasive to override the evidence of 
record and the rationale provided by the Air Force office of 
primary responsibility. As indicated by the OPR the applicant 
sold leave earlier in his career. We note, however, that Title 
10 U.S.C., Section 501, limits the number of days that can be 
paid to a member during their career to 60 days. Therefore we 
adopt the rationale expressed as the basis for our decision that 
the applicant has not sustained his burden of having suffered 
either an error or an injustice. In view of the above and absent 
persuasive evidence to the contrary, we find no basis to 
recommend granting the relief sought. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of 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 AFBCMR Docket 
Number BC-2010-04520 in Executive Session on 19 Apr 11, under the 
provisions of AFI 36-2603: 

  
The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 15 Nov 10, w/atchs. 

 Exhibit B. Letters, NGB/A1PS, dated 14 Jan 11 and 27 Jan 11. 

 Exhibit C. Letter, SAF/MRBR, dated 4 Feb 11.