RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05768

		COUNSEL:  NONE

		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

Thirteen days of leave he lost at the end of Fiscal Year 2011 
(FY11) be restored.

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APPLICANT CONTENDS THAT:

He was unable to take use or leave he scheduled due to a short 
notice deployment.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of major (O-4).

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFRC/DPSIM recommends denial indicating there is no evidence of 
an error or injustice.  According to Master Military Pay Account 
(MMPA), the applicant had 70 days of accrued leave at the 
beginning of FY 11.  He earned 30 days of leave and used 12 days 
leaving a balance of 93 days of leave at the end of FY 11.

In accordance with Air Force Instruction (AFI) 36-3003, Military 
Leave Program, service members are not authorized Special Leave 
Accrual (SLA) who were precluded from using leave by a normal 
permanent change of station (PCS), temporary duty (TDY), 
training exercises, attending schools or courses, and research 
requirements.  

Service members who submit a request to recover lost leave must 
clearly establish that an error or injustice by the Air Force 
caused the lost leave.  Unit Commanders are required to advise 
service members who schedule use or lose leave near the end of 
the fiscal year they are at risk of losing leave on 1 October if 
military requirements or personal circumstances prevented them 
taking leave.  The applicant failed to schedule leave within the 
operational requirements.

A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 25 Apr 13, for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We note the 
comments of the office of primary responsibility (OPR) 
indicating there is no evidence to indicate the applicant lost 
his leave due to an error on the part of the Air Force;  
however, after a thorough review of the documentation provided, 
we believe the evidence provided is sufficient to conclude that 
operational requirements, which caused the applicant to be away 
from his home station on temporary duty for more than eight 
months, precluded him from being able to avoid losing his leave.  
Therefore, to preclude an injustice to the applicant, we 
recommend his records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that 
thirteen (13) days of leave were restored to his leave balance.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-05768 in Executive Session on 7 Oct 13, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 15 Nov 12, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIM, dated 18 Apr 13.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 13.




                                   
                                   Panel Chair