RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01989 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

One day of leave be restored to his leave balance. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was incorrectly charged leave on 12 Sep 10. According to the 
recent interim change to AFI 36-3003, Military Leave Program, if 
Sunday is the day of return from leave, then status is considered 
a day of duty and the member is not charged a day of leave. 

 

In support of his request, the applicant provides a copy of his 
Leave and Earning Statement (LES). 

 

The applicant's complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the Regular Air Force in 
the grade of major. 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIM recommends denial based on the AF/JAA legal review. 
DPSIM states Air Force Guidance Memorandum 2 (8 Apr 11) revised 
AFI 36-3003 to reflect the following: 

 

1) Change Table 1, Determining Duty or Chargeable Leave, 
rule 3 to read “If a member is starting leave or signing up for 
space-available travel on a non-duty day, then the member is on 
leave.” 

 

2) Change Table 1, Determining Duty or Chargeable Leave, 
rule 6 to read “If a member is returning on a non-duty day, then 
the member is on duty.” 


 

This was done to correct the discrepancy between the DoDI and the 
AFI. However, AF/JAA, in a memo dated 2 Mar 11, explained the 
prior version of AFI 36-3003 was lawful in spite of its 
inconsistency with DoDI. Therefore, the member’s leave was 
correctly determined when it was taken and there is no 
entitlement to a correction of records based on the difference 
between the AFI rule and the policy set forth in DoDI 1327.06. 

 

The complete DPSIM evaluation is at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states if the new (current) leave rules are applied 
to his leave taken between the date of DoDI 1327.06 publication 
(16 Jun 09) and the date of AFI 36-3003 publication (8 Apr 11) he 
would not lose any days of leave. For these reasons, he requests 
the day of leave charged for 12 Sep 10 be returned to him. 

 

The applicant's complete response is at 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 note the 
applicant requests the current leave rules be applied and he not 
be charged leave for 12 Sep 10. However, the prior version of 
AFI 36-3003 was the policy in effect at the time of his leave. 
Accordingly, he is not authorized or entitled to have his leave 
balance adjusted as requested. Therefore, we agree with the 
opinion and recommendation of the Air Force office of primary 
responsibility and adopt its rationale as basis for our 
conclusion the applicant has not been the victim of an error or 
injustice. Absent persuasive evidence that he was denied rights 
to which he was entitled, we find no basis to recommend granting 
the relief sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 Docket Number 
BC-2011-01989 in Executive Session on 24 Jan 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 23 May 11, w/atch. 

 Exhibit B. Letter, AFPC/DPSIM, dated 8 Jun 11. 

 Exhibit C. Letter, SAF/MRBR, dated 1 Jul 11. 

 Exhibit D. Letter, Applicant, undated, w/atch. 

 

 

 

 

 

 Panel Chair