RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-04158

XXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

He receive compensation for 30 days of leave lost.

APPLICANT’S CONTENTIONS

Prior to his retirement, he made an inquiry with the local finance office regarding how much leave he had sold over his career.  He was told by the finance office that he had sold 30 days of leave.  He then proceeded to sell another 30 days of leave.  On 2 Jul 19, he contacted the Defense Finance and Accounting Service (DFAS) regarding this matter and was told he had already sold 50 days of leave in his career. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).

On 3 May 95, the applicant enlisted in the Regular Air Force.

The applicant’s Maser Military Pay Account (MMPA) reflects he sold back 20 days of leave on 20 Aug 02, 12 days of leave on 13 Dec 07 and 28 days on 7 Aug 12.

According to Leave and Earning Statement (LES) for the period 1-31 May 19, provided by the applicant, his leave balance was 33.5 days and he was paid for 60 days of leave.

On 1 Jun 19, the applicant retired from active duty.

APPLICABLE AUTHORITY

Title 37, U.S.C. Section 501 (b) (3) states payment may not be made to a member for any leave he elects to have carried over to a new enlistment in any uniformed service on the day after the date of his discharge; but payment may be made to a member for any leave he elects not to carry over to a new enlistment. However, the number of days of leave for which payment is made may not exceed sixty, less the number of days for which payment was previously made under this section after February 9, 1976.

DoD Financial Management Regulation (DoDFMR) Vol 7A, 3502 Accrued Leave Pay, 350201. General Entitlement.

a.  A member who is discharged or separated under honorable conditions is entitled to payment of unused accrued leave unless the member continues on active duty under conditions that require accrued leave to be carried forward, or in the case of a Reserve Component member, the member elects to have the leave carried forward to the member’s next period of active service. An enlisted member who voluntarily extends their enlistment for the first time is also entitled to payment for unused accrued leave.

b.  Service member eligible for an unused accrued leave settlement is authorized an election with regard to payment or carryover of the leave. The member may elect to receive payment for a portion of the unused leave, not to exceed a career total of 60 days, and to have the remaining accrued leave carried forward to a new or extended enlistment. The total of paid and carried forward leave may exceed 60 days.

Table 35-1. Payment of Accrued leave – Officers and Enlisted Members –Separation without Immediate reentry on active duty, Note 4. A member may be paid for a maximum of 60 days accrued leave during a military career. See subparagraph 350201.A.3 for exceptions.

AIR FORCE EVALUATION

AFPC/DP2SSM, recommends denying the application.  There is no evidence of an error or injustice.  The applicant cannot exceed 60 days of sell back leave.  He has reached the maximum pay of 60 days in his career.

In accordance with AFI 36-3003, Military Leave Program, Air Force Guidance Memorandum (AFGM) 2017-01, dated 26 July 2017, paragraph 3.6. Payment for Accrued Leave. Title 37, U.S.C., section 501, is the authority for payment for accrued leave upon reenlistment, retirement, separation under honorable conditions, or death.  It limits payment of accrued leave to 60 days in a military career effective 10 Feb 1976.  A military career includes former service in enlisted or officer status.  Cumulative payment for accrued leave as an enlisted member, officer, or both cannot exceed 60 days.  DoD Regulation 7000.14-R, Volume 7A, Department of Defense Financial Management, Military Pay Policy - Active Duty and Reserve Pay, Table 35-1 outlines when members may carry leave forward or receive payment for accrued leave when separating with or without immediate reentry on active duty. See your financial services office for detailed information on payment of accrued leave. 

3.1.6.1. An additional one-time Special Leave Accrual (SLA) sell back is authorized for enlisted Service members. An enlisted member may sell back up to 30 days of SLA, provided they have an excess of 120 days of leave. Members may exercise this one-time option only when the member would lose accumulated leave in excess of 120 days. Such a sell back counts towards the Service member’s cap of 60 days over a career.

The complete advisory opinion, with attachment, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 13 Nov 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04158 in Executive Session on 3 Jun 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, w/atch, dated 6 Sep 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 Nov 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings related to Docket Number BC-2019-04158, as required by AFI 36-2603, paragraph 4.11.9.