RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03471 COUNSEL: NO HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His 17 days of lost leave be restored, or as an alternative, he be allowed to sell back 15 days of leave. ________________________________________________________________ APPLICANT CONTENDS THAT: He was on permissive temporary duty (TDY) from 20 April through 10 May 2011; terminal leave from 10 May through 25 July 2011 and returned to duty to accept promotion on 26 July 2011. On 1 August 2011, his leave balance was 92.5. He was scheduled to deploy from 13 September 2011 through 22 December 2011 and was not afforded leave due to pre-deployment training. Additionally, prior to his permissive TDY, he elected to sell back leave; however that never happened. He would like to be paid for the 15 days of leave or he requests his 17 days of leave be restored. The AF Form 1411, Extension or Cancellation of Extensions of Enlistments in the Regular Air Force, states that he understands that his Expiration of Term of Service will not change until he enters the new extension; and that he will accrue any leave from his extension until he enters it. If this is the first extension of his current enlistment, he understands that he may be eligible to sell all or part of his accrued leave upon entry into this extension or carry his accrued leave forward. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is on active duty serving in the grade of master sergeant. On 24 May 2011, he elected to accept promotion to the grade of master sergeant with an active duty service commitment of two years and withdrew his approved retirement application. According to his February Leave and Earnings statement, he lost 17 days of leave. He now has an approved retirement date of 30 June 2013. The remaining relevant facts pertaining to this application are contained in the advisory opinion from the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. The applicant’s Master Military Pay Account reflects that he carried forward 70.5 days of leave at the beginning of Fiscal Year (FY) 2011; earned 30 days of leave and used 8 days of leave during FY11. The applicant’s leave balance in the beginning of FY12 was 92.5 days. AFI 36-3003, Military Leave Program, explains Special Leave Accrual (SLA) allows members who are faced with circumstances that prohibit them from taking leave to accumulate leave in excess of 60 days (75 days until 30 September 2013). The situation preventing a member from taking leave must have been caused by a catastrophe, national emergency and/or crisis or operations in defense of national security. It should be a result of the member’s inability to take leave or to reduce their leave balance to 60 days before the end of the fiscal year while being assigned to said activities. SLA shall not be a means to authorize the accumulation of leave in excess of 60 days as a result of the member’s failure to manage their leave balance. The complete DPSIM evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 October 2012, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ 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. After thoroughly reviewing the evidence of record and the applicant’s complete submission, we are not persuaded that record warrants the requested correction. The applicant’s contentions are duly noted; however, he has not provided persuasive evidence to override the rationale provided by the Air Force office of primary responsibility (OPR). Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 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-2012-03471 in Executive Session on 25 April 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Aug 12, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFPC/DPSIM, dated 1 Oct 12. Exhibit D. Letter, SAF/MRBR, dated 9 Oct 12. Panel Chair