RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03069

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES
 
APPLICANT’S REQUEST

Forty-Five (45) days of lost leave be restored.

APPLICANT’S CONTENTIONS

He transitioned from an active component (AC) pay account to a reserve component (RC) pay account, while remaining on full-time active duty orders.  He processed paperwork to transfer forty-five (45) days of leave from his AC pay account to his RC pay account.  However, this leave was never transferred but disappeared from his AC leave and earning statement (LES).  He did not receive his first RC LES until Apr 20 and at that time he inquired with the finance support office (FSO) about his 45 days of missing leave.  Unknowingly to him, he was in debt from Jun 20 through Jan 21 since the Air Force suspended all debts during that period.  The debt was on his AC account and not on his current RC account.  Due to the CORONAVIRUS, he was not notified of the debt until 12 Jan 21, when he transitioned back to the AC.  He inquired with his local and new FSO, Defense Finance Accounting Service (DFAS), his local congressional representative, and filed a waiver for the debt.  On 12 Feb 21, he was informed by DFAS that he was in debt because he was paid for the 45 days of leave from his original transfer, but requested the 45 days of leave back.  However, he never received a payment from DFAS and do not have the 45 days of leave credited to his account.  Although, he requested proof of the payment, his local FSO was unable to do so.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard major (O-4).

For more information, see the advisory at Exhibit B.

AIR FORCE EVALUATION

SAF/FMFSI recommends denying the application.  Based on the documentation provided by the applicant, an analysis of his pay record, and the facts, there is no evidence of an error or injustice.  The applicant was due to transfer from an AC to RC on 12 Dec 19, however the transfer was not processed in a timely manner.  He remained in the AC and continued to receive pay and benefits through 31 Jan 20, resulting in a debt at separation due to being overpaid approximately $17,000 in pay and allowances.  The separation code associated with the applicant’s transfer from AC to RC authorizes the pay system to automatically calculate a leave sell payment based on his leave balance.  The applicant had forty-five (45) days of leave as 12 Dec 19 that generated a leave sell amount of $10,854.  The applicant was eligible to receive a payment of $8,466.12 after taxes, however the payment was applied to offset a portion of the debt incurred by the overpayment.  The forty-five days of leave will be restored once the applicant’s debt is completely repaid.  

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 2 Nov 21 for comment (Exhibit C), and the applicant replied on 10 Nov 21.  In his response, the applicant contended the decision to sell the forty-five (45) days of leave is unjust because he never asked to be placed in debt or sell the leave.  He does not believe the SAF/FMSI accurately reflects his pay record and attached the Feb 21 LES that shows he was not paid for the leave.  

The applicant’s complete response is at Exhibit D.

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 SAF/FMFSI and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In this respect, we note the applicant, for reasons beyond his control, received pay and benefits which resulted in him being overpaid and incurring a debt.  We further note the comments of the applicant indicating that he never asked to be placed in debt or sell his leave.  However, we believe to preclude the possibility of any further unearned windfall, the applicant will be credited with the requested 45-days of leave when his debt has been resolved.  The Board finds that the thorough review completed by SAF/FMSI of the applicant’s pay records has resulted in the required resolution at this time.  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-2021-03069 in Executive Session on 1 Feb 22:

, 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 16 Sep 21.
Exhibit B:	Advisory Opinion, SAF/FMFSI, w/atchs, dated 15 Oct 21.
Exhibit C:	Notification of Advisory, SAF/MRBC to Applicant, dated 2 Nov 21.
Exhibit D: Applicant Response, w/atchs, dated 10 Nov 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.