RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01794

XXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

An adjustment to his closed pay account in the Active Component (AC) pay system to reflect he transferred a remaining leave balance of 27 days to his Leave Master Record (LMR) for Active Duty for Operational Support (ADOS) tour in the Reserve Component (RC) pay system from 1 August 2019 through 30 September 2021.

APPLICANT’S CONTENTIONS

Prior to the end of his full-time AGR tour on 31 July 2019, he out-processed through his servicing finance office and indicated that he wanted to sell back 20.0 days of leave and transfer 34.5 days to his ADOS tour in the RC pay system.  When his final payment was processed - 27.5 days of his leave balance were sold leaving a balance of 27.0 days to transfer.  The military pay technician, who processed his separation, did not follow through on his request to transfer his leave in a timely manner and his AC pay account is closed. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air National Guard master sergeant (E-7).

The applicant provided the following information:

       AGR Order Number XXXX, dated 16 July 2019 reflect the applicant’s AGR tour was for the period 9 December 2016 through 31 July 2019.

       AF Form 1089, Leave Settlement Option, dated 30 July 2019, reflect in conjunction with the applicant’s 31 July 2019 reenlistment, he made the election to carry forward all of his accrued leave.  The MPS remarks indicate the applicant requested to transfer 27.0 days of leave from his AGR tour in the AC pay system that ended on 31 July 2019 to his RC LMR for 1 August 2019 through 30 September 2021.

       The applicant’s Military Pay Account (MPA) dated 20 November 2020, reflect a leave balance of 54.5 as of 31 July 2019.  The account further reflect leave balance at the end of the AGR tour – not adjusted for sale of 27.5 days at end of tour or transfer of 27.0 days to ADOS tour. 

       The applicant’s Military Pay Account (MPA) dated 20 November 2020, reflect total career leave days sold by the applicant prior to end of his AGR tour was 32.5.  His total leave days sold at the end of his AGR tour was 27.5.  The total cumulative days sold by the applicant at the end of his AGR tour was 60.

       AGR Order Number ZBS4S1, dated 23 September 2020 reflect the applicant’s ADOS tour was for the period 1 October 2020 through 30 September 2021.

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

AIR FORCE EVALUATION

NGB/A1PS recommends granting the application.  Based on the attachments provided by the applicant, he completed the requested documentation to carryover his leave.  It was an administrative oversight that resulted in the applicant’s leave not being transferred to the RC pay system before his AC pay record was closed.

 In accordance with AFI 36-3003, paragraph 6.10:

 	6.10. Reserve Component (RC) Carryover Leave. RC members and RegAF members separating under PALACE CHASE or PALACE FRONT may carry over leave earned during an active duty tour for use during a future active duty tour. RC members are not required to use, sell or lose their earned leave at the end of an active duty tour. Carryover leave usage is not restricted to the next tour and may be used on future/subsequent active duty tours. Members are authorized to carry leave forward but commanders should strongly encourage members to take leave during the tour in which the leave was earned, as there is no guarantee that leave carried forward can be used due to unforeseen mission requirements.

		6.10.1.2. Members must obtain their gaining commander's approval for carryover leave usage prior to issuance of orders. (T-3). The commander's approval must include validation of resource availability, to include Operations and Maintenance funding, if appropriate. (T-3). Members who wish to take carryover leave during a tour must present documentation (e.g., Defense Finance and Accounting Service, Defense Joint Military Pay System, previous orders) reflecting the member's carryover leave balance.

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 20 July 2021 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 NGB/A1PS 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-seven (27.0) days of leave be transferred to his 1 August 2019 through 30 September 2021 Leave Master Record.

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-2021-01794 in Executive Session on 12 October 2021:

, 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 30 April 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PS, dated 3 June 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 July 2021.

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.