RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00202

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Twenty-eight and one-half (28.5) days of lost leave be restored to his current leave account.

APPLICANT’S CONTENTIONS

He had a total of eighty-one (81) days of leave when he transferred from the United States Marine Corp (USMC) to the United States Air Force (USAF). After submitting three cases to DFAS through the Case Management System (CMS), DFAS has credited his account with 60 days, but he now has twenty-eight and one-half (28.5) days of leave that has been lost prior to the end of Fiscal Year (FY) 19. Per DoDI 1300.04 Paragraph 3.1.C (2) Commissioned officers transferred will be credited with the total amount of unused leave the date before the date of transfer.   

In support of his appeal, the applicant provides multiple documents from his military personnel record, including a corrected version of his DD FM 214 and his USMC Leave and Earnings Statement (LES) that indicate he had eighty-one (81) days of leave when he left the USMC; a copy of his Apr 2020 LES that shows he was credited with 60 days of leave; and copies of his CMS case records, which indicate that DFAS could only authorize transfer of 60 days from one FY to the next and that he has lost 28.5 days of leave (21 days from his USMC transfer and 7.5 days earned in FY19).  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is Regular Air Force major (O-4).  

According to the applicants official military personnel record and documents provided by the applicant:

On 1 Jul 19, DD Form 214, Certificate of Release or Discharge from Active Duty,  for period of service 1 Oct 05 to 1 Jul 19, was issued to the applicant and shows that he was discharged from the United States Marine Corps (USMC).  It also indicates that he was to be paid 20 days of leave and had 61 days remaining on his leave balance after separation. 

On 2 Jul 19, AF Form 133, Oath of Office (Military Personnel), shows that the applicant was appointed a Major (O-4) in the Regular Air Force.  

According to Marine Corps Total Force Leave and Earnings Statement for period 1 Jul 19 to 31 Jul 19, the applicant had a before leave balance of 80.5 and an earned leave balance of 0.5 for a total of 81 days of leave.  

On 18 Sep 19, a corrected DD Form 214, Certificate of Release or Discharge from Active Duty, for period of service 1 Oct 05 to 1 Jul 19, was issued to the applicant and shows that he had 81 days remaining on his leave balance after separation. 

According to Defense Finance and Accounting Service Military Leave and Earnings Statement, for period 1 to 31 Mar 20, the applicant had a total of 7.5 days of unused leave.   

On 17 Apr 20, case number 12184432 was closed in the Case Management System (CMS) after partially correcting the applicant’s record to restore 60 days of lost leave.  According to the comments in the file, the applicant is only authorized to carry 60 day of leave into the next FY and would need to submit an AFBCMR request to restore the remaining 28.5 days (i.e. The applicant had 7.5 days of unused leave in his account and 21 days of the remaining 81 days lost when he transferred services).  

According to Defense Finance and Accounting Service Military Leave and Earnings Statement, for period 1 to 30 Apr 20, the applicant had been credited with 60 days of leave and lost 28.5 days.    

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

APPLICABLE AUTHORITYAIR FORCE EVALUATION

According to DoDI 1300.04, Inter-Service and Inter-Component Transfers of Service Members, dated 25 Jul 17, Section 3, Transfer of Commissioned Officers, Paragraph c(2):  If the request for transfer has received final approval, the continuity of the officer’s total service between the termination of the current commission and reappointment in the gaining Military Service will not be interrupted. Commissioned officers so transferred will be credited with the total amount of unused leave, and they will be credited with the total amount of service accrued as of the date before the date of the transfer.

AIR FORCE EVALUATION

AFPC/DP2SSM, recommends granting the application.  In FY19, the applicant transferred from the United States Marine Corp (USMC) to the Air Force; however, upon transfer and an administrative oversight 28.5 days of leave was lost.  While his DD FM 214 indicates that he sold his leave, the USMC did not pay him and a new DD FM 214 was issued.   The applicant requested administrative corrections via the Case Management System; however, no action could be taken at the time of inquiry.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 27 Apr 21 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 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 substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that twenty-eight and one-half (28.5) days of lost leave be restored to his current leave account.

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-2021-00202 in Executive Session on 15 Jun 21:

, 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 24 Apr 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, w/atch, dated 21 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 27 Apr 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.