The Air Force has yet to pay me for my excess leave that I had when I was put on appellate leave. I’ve tried contacting

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Customer: The Air Force has yet to pay me for my excess leave that I had when I was put on appellate leave. I’ve tried contacting DFAS, my bases finance department, my first shirt, even my appellate lawyer. No one has any answers for me
JA: Are you overseas or stateside?
Customer: They owes me for 44.5 days. Any suggestions?
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: state side
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The Air Force still has me in their system in confinement status, which is why there has been a hold up
Answered by P. Simmons in 15 hours 4 months ago
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P. Simmons
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P. Simmons, Expert

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

You may see an offer for a phone call. Understand that such marketing is sent automatically (I have no control over how this site markets). Feel free to ignore if you like. Or, if you prefer a phone call I am happy to speak on the phone.

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P. Simmons, Expert

I am not sure I understand...I understand you are are currently on "involuntary appellate leave", is that correct?  Are you asking if you are entitled to pay while on appellate leave?

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P. Simmons, Expert

Or are you asking if the AF was required to pay you for unused leave at the time you were placed in "involuntary appellate leave"?

Customer
I was court Marshaled, served my 53 days. Went back to Dover Air Force Base while they finished their discharge paperwork. (I have not yet received my DD214, nor will I until the appellate leave is finished)
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P. Simmons, Expert

Thank you

I am trying to understand your specific questions about this matter.  What questions do you have about this?

Customer
I know I am not entitled to pay while on appellate leave. But I has an excess of 44.5 days of leave saved up, that they owed me for. I even have the paperwork stating I was still entitled to the excess leave pay
Customer
But they still have me in their system as in confinement status, and therefore my pay has been withheld from me
Customer
My question is how do I go about getting my pay.
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P. Simmons, Expert

Can you tell me your current status?  Are you currently on active duty or have you been placed into involuntary appellate leave? Or do you even know ?

Customer
Appellate leave
Customer
That's my current status
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P. Simmons, Expert

Thank you
The AF rules required that you would sign a form on the way out...part of the form contained this language:

2. You have accrued ordinary leave in the amount of ___________ days. Excess leave is a nopay status and begins the day after accrued leave ends. You can elect to: (circle one below)

a. Receive pay and allowances during the period of accrued leave, then continue on unpaid required excess leave.

b. Receive a lump sum payment for the accrued leave, as of the day before the required excess leave begins, and serve the entire period of required leave on unpaid excess leave. If you elect this option, you are only entitled to base pay minus taxes. This entitlement does not extend to allowances or special pay.

c. Receive pay and allowances during some ordinary leave, payment for remaining accrued leave, and then continue on excess leave. ____________(Airman’s Initials)



Do you recall this?  If so do you have a copy? IF so what does it say (which block did you check)?

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P. Simmons, Expert

Did you sign this form?  Do you have a copy of it?

Customer
I do have that form.
Customer
I chose option A
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P. Simmons, Expert

Thank you. A few minutes please, I have some thoughts and will type them up.

Customer
Ok.
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P. Simmons, Expert

Thank you for your patience

First here is a good overview of the AF appellate leave program for your info:

https://www.holloman.af.mil/Portals/101/documents/JA%20Documents/PSDGs/PSDG%20-%20Appellate%20Review%20Leave%20-%2010%20Apr%2013.pdf?ver=2016-11-28-145741-013

If you are on appellate leave? Then your current chain of command is HQ Air Force Security Forces Center, Corrections Division (HQ

AFSFC/SFC), Lackland AFB. You can see their website here:

https://www.afimsc.af.mil/Units/Air-Force-Security-Forces-Center/

What you have described this is a pay issue. THat is, you elected to be paid during your appellate leave and they are not paying you.

You can and should submit a claim for this via your chain of command.

IF they refuse to pay? In theory you could sue the government (this is a contract issue). But I would leverage your congressional representative. Let them know the AF is not following their own rules. Once you let your Congressman know, they will initiate an investigation (called a “congressional inquiry”) that will force the AF to account for this.

Please let me know if you have more questions. Happy to help if I can.

Customer
Thank you!
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P. Simmons, Expert

Welcome, best of luck in this fight.

Customer
That's the most help and the best answers I've gotten since June, when this problem arose
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P. Simmons, Expert

Its all about leverage...I hope when you submit to Lackand they correct but if not your congressman can help fix this

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P. Simmons, Expert

MAKE SURE to submit that document taht shows your election (you wanted pay during leave)

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P. Simmons, Expert

That document is the "smoking gun" so to speak

Customer
Hopefully Lackland can help! But if not, now I know what to do!
I will make sure to do that!
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P. Simmons, Expert

Go get em

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