RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02662 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be eligible to sell 30 days of leave. _________________________________________________________________ APPLICANT CONTENDS THAT: He signed a contract to sell 30 days of leave in conjunction with his extension of enlistment to qualify for Post 9/11 GI Bill Transfer of Education Benefits (TEB). He was told he would receive payment upon entering the extension on 7 Mar 2013 but has not received any payment. He contacted the Vandenberg AFB (VAFB) CA, Military Personnel Section (MPS) and was told that they would open a case for his new base, Andersen AFB, Guam, to work. He has no records to substantiate his request and was advised by the MPS at VAFB, that they shred all documents upon scanning them into their system. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of Technical Sergeant (TSgt). On 5 Nov 2010, the applicant signed an AF Form 1411, Extension or Cancellation of Extension of Enlistment in the Regular Air Force (REGAF)/Air Force Reserve (AF Reserve)/Air National Guard (ANG), extending his enlistment for 20 months to qualify for TEB. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. The applicant does not have any evidence to support his claim of selling 30 days of leave in conjunction with his 5 Nov 2010 extension. The applicant’s extension contract was executed correctly and there is no evidence of an AF Form 1089, Leave Settlement Option. Since this was the applicant’s first extension on his enlistment, he was eligible to sell back leave. However, there is no AF Form 1089 which is required to sell leave. The MPS opened a Case Management System (CMS) inquiry to ask what the applicant’s options were; and the case was closed stating that the only option was for the applicant to apply to the Board for a correction to his records if he believed his record to be in error since there was no evidence to support his claim. The complete DPSOA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: On 5 Aug 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, this office has not received a response (Exhibit D). _________________________________________________________________ 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. 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 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 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-2013-02662 in Executive Session on 3 Apr 2014 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 May 2013. Exhibit B. Applicant’s Military Personnel Records Exhibit C. Letter, AFPC/DPSOA, dated 10 Jul 2013. Exhibit D. Letter, SAF/MRBR, dated 5 Aug 2013. Panel Chair 1