RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00571 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be reimbursed for 26.5 days of accrued leave. APPLICANT CONTENDS THAT: While he was on terminal leave, between 9 Sep through 30 Nov 14, he lost 26.5 days of leave; however, this was not realized until after he had retired. Because he was approved for early retirement by the Enhanced Selective Early Retirement Board (ESERB), he received a Mandatory Retirement Date (MRD) with a short timeline and was forced to sell back his remaining leave. However, he believes it was unjust to be forced to sell back his leave and lose other benefits and tax free allowances that he would have received had he been able to take his leave. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 30 Nov 14, the applicant was relieved from active duty and retired, effective 1 Dec 14. He was credited with 21 years, 6 months, and 3 days of active service for retirement. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and F. AIR FORCE EVALUATION: AFPC/DPSIMC recommends denial, indicating the applicant did not provide any evidence showing miscounseling occurred by his local finance office. He was aware of his eligibility to sell back leave but stated it was unavoidable because he would not be compensated for tax free allowances. According to the applicant, when DFAS processed his final pay check they discovered an error, which resulted in him receiving his remaining 19 days of leave that was sold back. Also, DPSIMC defers to DFAS to provide the actual number of days the applicant lost at the end of the FY. In addition, DPSIMC notes they believe the applicant lost 24.5 days rather than 26.5 days of leave after his balance was adjudicated at the end of terminal leave. (Two leave days were applied to FY14 – 29 and 30 Sep 14). The complete DPSIMC evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant disagrees with the recommendation from DPSIMC and reiterates his original contentions that he was not approved for early retirement, but was unexpectedly selected through the ESERB and given a MANDATORY date with a short timeline to out- process. The reasons surrounding his not getting paid the total amount of leave was caused by the ESERB's selection, if he was not selected he would have taken 26.5 days before 1 Oct 14. This definitely caused an injustice to him and his family as this leave was earned and saved to assist in his transition out of the Air Force and he did experience a financial hardship. The fact that the leave was “unprotected” while transcending the fiscal year is an error in the DFAS system and doesn't account for having a mandatory retirement date. If he could have adjusted the date to January or February to account for all the leave he had, he would have. He was counseled by the local finance office that all remaining leave would be sold back after his terminal leave period; however, there was no option presented to sell leave back before his terminal leave period or he would have. In addition, he was not concerned about the tax free allowances he lost as a result of selling back leave; but, is happy to get reimbursed the leave owed to him and his family. The applicant provided a copy of his Master Military Pay Account (MMPA), which reflects at the end of Fiscal Year 2013 (FY13), the applicant had 74.5 days of accrued leave; the applicant earned 30 days and took 3 days of leave during FY14, including 2 days of his terminal leave. At the beginning of FY15, the applicant had 101.5 days; from 1 Oct 14 to 30 Nov 14, the applicant earned 5 days of leave and took 61 days during terminal, totaling 64 days of leave taken between FY14/FY15. The applicant sold back 19 days of leave at separation and the 26.5 days of leave on his account was lost. The applicant’s complete response, with attachments, is at Exhibit E. ADDITIONAL AIR FORCE EVALUATION: DFAS-IN recommends approval of the applicant’s request to be paid for 26.5 days of earned leave. The applicant’s leave balance brought forward from FY13 was 74.5 days. The applicant’s leave taken was as follows: Regular Leave: 20140520 through 20140520 1 day Permissive TDY: 20140909 through 20140928 Non chargeable Regular Leave: 20140929 through 20140930 2 days Regular Leave: 20141001 through 20141130 61 days Total chargeable leave 64.0 Leave paid upon separation 19.0 Leave days due payment to the applicant 26.5 days The complete DFAS-IN evaluation is at Exhibit F. APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: By email, the applicant concurred with the DFAS advisory opinion. The applicant’s complete response is at Exhibit H. 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 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/DPSIMC indicating that relief should be denied because the applicant’s records contain no documentation substantiating that he was miscounseled in regard to his option to sell back his leave prior to going into FY15; in our view, it is uncertain when the applicant’s leave was actually lost. Therefore, we agree with the analysis and recommendation from the Defense Accounting and Finance Service (DFAS) recommending the applicant’s leave account reflect 26.5 days of earned leave at the time of retirement. Accordingly, we recommend the applicant’s records 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 show that 26.5 days was restored to his Fiscal Year 2015 leave balance. The following members of the Board considered AFBCMR Docket Number BC-2015-00571 in Executive Session on 15 March 2016 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 4 Feb 2015, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Record. Exhibit C. Letter, AFPC/DPSIMC, dated 22 Jun 15. Exhibit D. Letter, AFBCMR, dated 1 Dec 15. Exhibit E. Letter, Applicant, dated 11 Feb 16, w/atchs. Exhibit F. Letter, DFAS, dated 10 Feb 16. Exhibit G. Letter, AFBCMR, dated 16 Feb 16. Exhibit H. Electronic Mail (E-Mail), dated 29 Feb 16.