RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03834 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His excess leave debt he incurred while on terminal leave be waived and he be reimbursed for debt he has already paid. APPLICANT CONTENDS THAT: His debt should be waived and he should be reimbursed for the debt he has already paid because he did not request excess leave. He tried to calculate to the best of his ability to take the correct amount of days calculating for days he would have earned during terminal leave. He submitted his leave paperwork and it was approved by finance. He was never notified that he had requested 2.5 days (l month) more than he would earn or he would have simply started leave three days later. He did not know until his final Leave and Earnings Statement (LES) in March, reflected that he had taken excess leave and his final pay had been deducted. After that he was charged for an additional 2.5 days of leave for FEB 29 - 30 2014, by the Defense Finance and Accounting Service (DFAS). He has made and continues to make payments on that indebtedness. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 19 Nov 92, the applicant initially entered the Regular Air Force. On 28 Feb 14, the applicant was relieved from active duty and retired, effective 1 Mar 14. He was credited with 21 years, 3 months, and 12 days of active service for retirement. On 4 Sep 14, DFAS contacted the applicant and notified him that a debt had been established for 2.5 days of excess leave; 2 days for 29 – 30 Feb 14 and .5 day for non-accrual totaling 5 days of excess leave which was established as a debt owed to the US Government, in the amount of $1059.19. DFAS collected $464.96 at separation leaving a balance of $405.37. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating the applicant did not provide evidence to show an error or injustice with regard to the planning and implementation of terminal leave. However, DPSIM does recognize that in the DFAS memorandum they charged leave for 29 and 30 Feb 14 which are dates that do not exist in 2014. So DPSIM recommends denial to waive 2.5 days of excess leave but recommend the Board take into consideration the 2.5 days added erroneously by DFAS. IAW AFI 36-3003 paragraph 4.1.2 "Both management and members share responsibility in managing leave balances throughout the FY." Ultimately, the member has the overall responsibility to ensure their leave balance is accurate. The member could have utilized his Leave and Earnings Statement (LES) and Leave Web to ensure his leave balance was correct. The complete DPSIM evaluation is at Exhibit C DFAS/IN recommends denial indicating the responsibility for maintaining accountability of leave balance is both the member and the service. Ultimately, the member has the overall responsibility to ensure their leave balance is accurately maintained. DFAS noted the applicant had 86.5 days leave available until his retirement date. He used 89 days. This resulted in excess leave and a debt was reported. AFPC/DPSIM makes statement that DFAS charged leave for 29 and 30 February. Per review of debt computation this statement is in error. The Leave computation is correct in all factors. The complete DFAS/IN evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He agrees that from 10 Dec 13 – 28 Feb 14, he used 81 days of leave; however, while he agrees that it is his responsibility to ensure that his leave is accurate, he tried to calculate his leave to the best of his ability. In addition, because he had to be in uniform multiple periods during his terminal leave for out-processing appointments; however, his calculations were off by 2 days because he thought he would be in excess leave status for a .5 day only; and his excess leave should be waived. Further had he been advised when his leave was approved, he would have started his leave two days later to ensure that he did not incur excess leave. The applicant’s complete response, with attachments, is at Exhibit F. ADDITIONAL AIR FORCE EVALUATION: DFAS/IN revised their opinion and advised the Board that there was an error in the computation of the record and that the applicant should have received a debt for 3 days of leave vice 5 days; they recommended deny since the applicant had not exhausted his administrative remedies through an appeal to DFAS. The complete DFAS/IN advisory is at Exhibit F. APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: He received a debt worksheet from DFAS, by email, on 28 Apr 14. In accordance with his instructions (see included email), He already protested the debt. The letter received from DFAS was their reply to the protest he filed. In reference to the recent advisory from DFAS, he has exhausted his available avenues when he protested the debt with DFAS in May 14. He does not believe it makes sense to protest DFAS’s answer to the protest he had already filed. So he was advised to submit his claim to the Board. In regards to excess leave, he states that he calculated the day to start terminal leave to the best of his ability and no one ever questioned it or commented that it was in excess. He would have no complaint if he had chosen to take excess leave. Since he was not given any indication that he would be in excess leave status, had not requested to take excess leave, and was not given any opportunity to correct the leave prior to separation, he is asking for relief in this matter. In regards to DFAS charging excess leave for 29 - 30 Feb 14 and incurring an out of service debt, in which he has paid in full; he believes that DFAS now recognizes that these days were charged in error. However, since he has paid this debt in full, he is due a refund. He takes responsibility for his error when he was notified of it, but since it was after separation, he had no means to correct it. Where is the service taking any responsibility in any of this? After more than 21 years of honorable service, he is asking for relief in this matter by waiving the excess leave that he unknowingly took and be paid for pay withheld from his final pay. He requests the Board ensures that DFAS reimburses monies he paid to the out-of-service debt for their acknowledged error of charging him excess leave for 29 and 30 Feb 14. He is asking the Board to make a decision on these two matters and put this matter to rest. The applicant’s complete response, with attachments, is at Exhibit I. 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. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPSIM and DFAS indicating that relief should be denied because the applicant’s records contain no documentation substantiating that he did not take excess leave, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the applicant has provided copies of his Leave and Earning Statement and that, as well as a supporting statement indicating that he should not be charged an additional 2.5 days. In looking at the available evidence, it appears that the initial calculations from DFAS were in error. Since then, DFAS has revised their opinion and now recommends denial because the applicant has not exhausted his administrative remedies. We disagree. We note the applicant has expended considerable effort attempting to address his concerns through DFAS to no avail. Considering his efforts, and in the interest of administrative economy, we find that he has exhausted his administrative remedies. Further, in our view, the calculations are simple: between 1 Oct 13 and 28 Feb 14, the applicant accrued 86.5 days of earned leave. However, prior to his retirement, the applicant used 89 days of leave resulting in a negative leave balance of 2.5 days of excess leave. In order to ensure the applicant’s Master Military Pay Account (MMPA) reflects the correct balance at the time of separation, we conclude that his account balance should reflect 2.5 days of excess leave rather 5 days and this will provide the applicant with full and fitting relief. Accordingly, we recommend the applicant’s record be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that, on 28 Feb 14, his leave account balance was 2.5 days of excess leave rather than 5 days of excess leave. The following members of the Board considered AFBCMR Docket Number BC-2014-03834 in Executive Session on 2 Jul 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Sep 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 29 Oct 14. Exhibit D. Letter, DFAS, 11 May 15. Exhibit E. Letter, SAF/MRBR, dated 18 May 15. Exhibit F. Letter, Applicant, dated 16 May 15. Exhibit G. DFAS, dated 25 Jun 15. Exhibit H. Letter, SAF/MRBR, dated 26 Jun 15. Exhibit I. Electronic Mail, Applicant, dated 1 Jul 15.