RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00465 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Twenty-three (23) days of leave be restored to her leave account. ________________________________________________________________ APPLICANT CONTENDS THAT: While assigned to CENTCOM, she traveled with the commander, each of five years, 250-270 days a year to an imminent danger/hazardous duty area. Her tour there was from Aug 2002- Jun 2007 and she held that travel schedule throughout her time there. During that time, taking leave was almost impossible due to the constant battle rhythm, both stateside and overseas. Secretary of Defense Policy at that time authorized her Special Leave Accrual (SLA). She fell into the category of 4 years SLA for 120 days carryover from her last deployment date, Feb 07. In Fiscal Year 2007 (FY07) and FY08, she requested SLA and was approved to carryover 120 days of leave. She continued to aggressively utilize her leave as much as her job allowed. Due to the large backlog she again requested SLA in FY09. However, she came to understand that her SLA request in FY09 was lost when she changed jobs and was informed in Oct 09 that she had to either sell back or lose 10 days of leave. On the advice of her Military Personnel Flight (MPF), she sold back the 10 days. No mention was made of her additional leave being in jeopardy and in Nov 09, she looked at her Leave and Earnings Statement (LES) and noticed that she had lost 23 days of leave. She has been operating with the understanding that she qualified for 4 years, 120 days, SLA carry over and that balance would remain until FYll. She has actively tried to get her leave balance down as her leave request will show. She earned the leave and should not be stripped of that benefit due to confusion or a mistake. She respectfully requests the Board consider reinstating the 23 days lost at the end of FY09 or give her the option to at least sell those lost day's back. In support of her appeal, the applicant provides copies of her Leave and Earnings Statements (LESs) for the contested period and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 26 May 11, a letter was sent to the applicant requesting additional documentation to substantiate her request. Specifically, a letter endorsed by her commander stating that she was not provided the opportunity to use leave or documentation revealing that she was denied leave due to mission requirements. AFPC/DPSIM, Special Programs, did not receive a response from the applicant. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM reviewed this application and recommends denial, stating, in part, that their recommendation was due to the applicant's inability to provide sufficient evidence of material error or injustice. AFI 36-3003, Military Leave Program, paragraph 10.7 states the wing commander, MAJCOM or FOA/A1 or equivalent (colonel or above) approves SLA for their organization. Additionally, paragraph 10.9.8, states in part that member's application must clearly establish that an error or injustice by the Air Force caused the member's lost leave. Paragraph 4.3 also states that unit commanders can disapprove leave requests due to military necessity or in the best interest of the Air Force. In accordance with (IAW) AFI 36-2603, Air Force Board for Correction of Military Records paragraph 4.1, the applicant has the burden of providing sufficient evidence of material error or injustice. The complete AFPC/DPSIM evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Sep 11 for review and response within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. In addition, should the applicant provide the specific information requested we would be inclined to reconsider her appeal. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00465 in Executive Session on 5 December 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Jan 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 9 Sep 11, w/atch. Exhibit D. Letter, AFBCMR, dated 23 Sep 11. Panel Chair