RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-00899

XXXXXXXXXX					COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:  

Twenty-five (25) days of leave be restored.

APPLICANT CONTENDS THAT:

During retirement outprocessing he was misinformed that there would be no problem with use-or-lose leave days due to his terminal leave crossing over fiscal years.  Upon retirement he realized he was short over $5,000 in pay.  He was informed by the base finance office that 25 days of leave had been removed from his balance due to use-or-lose, and he had been charged for the 25 days due to the loss.  He provided a letter from his base finance office which confirms he was misinformed.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant.  

The applicant was scheduled for 97 days of terminal leave, 26 Sep 16 – 31 Dec 16.

As of 30 Sep 16, the applicant had 85 days of leave, but was only allowed to carry over 60 days. 

As of 1 Oct 16, the applicant lost 25 days of leave.

As of 15 Dec 16, 25 days of Excess Leave was taken back from the applicant.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the application.  

The applicant was not authorized Special Leave Accrual (SLA); however, there is evidence of an error or injustice.  The applicant was miscounseled by the local finance office which resulted in the applicant losing 25 days of leave on 1 Oct 16.  If the applicant had been properly counseled he would have had the opportunity to take 25 days of leave prior to the end of the fiscal year to prevent the loss.  Recommend the applicant be restored 25 days of lost leave, and cancel the debt resulting from the lost 25 days.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 20 Aug 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS:  

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that twenty-five (25) days were added to his leave balance commencing 2 October 2017.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2017-00899 in Executive Session on 2 Oct 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atchs, dated 11 Jan 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2SSM, w/atch, dated 1 Aug 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 20 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 regarding AFBCMR Docket Number BC-2017-00899.