RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04787 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His six days of lost leave beginning in fiscal year 2012 (FY12) 
be restored with retroactive pay and allowances. 

 

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APPLICANT CONTENDS THAT: 

 

He was provided conflicting guidance in regards to lost leave he 
incurred during his terminal leave. The local finance office 
indicated he needed a letter indicating he was authorized to 
carry over more than 75 days from FY11 into FY12. However, 
Retirement and Separations informed him that a letter was not 
needed since he was on terminal leave with an approved 
retirement date. He relied upon the later advice and lost six 
days of leave. 

 

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

 

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STATEMENT OF FACTS: 

 

On 1 January 2012, the applicant retired from the Air Force and 
was credited with 26 years, 3 months, and 27 days of total 
active service. 

 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary which is attached at Exhibits C. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIM recommends denial, indicating the applicant has not 
demonstrated a clear error or injustice. In accordance with the 
applicant’s Master Military Pay Account (MMPA) and Leave and 
Earnings Statement (LES), he had a protected leave balance of 79 
days under the provisions of special leave accrual (SLA) due to 


a deployment to a hostile-fire/imminent-danger pay area. At the 
beginning of FY11, the applicant carried forward 82 days of 
leave. He earned 30 days of leave and used 27 days of leave 
during FY11, resulting in a balance of 85 days of leave. At the 
beginning of FY12, on 1 October 2012, the applicant lost six 
days of leave since he only had a protected leave balance of 79 
days. In regards to his terminal leave, AFI 36-3003, Military 
Leave Program, indicates that a member’s terminal leave is 
limited to their leave balance. However, the DoD Financial 
Management Regulation Volume 7A, notes the maximum amount of 
special leave accrual (SLA) that may be carried forward is the 
leave balance at the end of the fiscal year following the end of 
the SLA period, not to exceed 120 days. The maximum amount will 
be reduced to a new level whenever the leave balance drops below 
the previously set level. If at any time the leave balance 
drops to or goes below 75 days, then there is no longer any SLA 
protected leave. The actual maximum leave that may be carried 
forward into succeeding fiscal years is the lowest leave balance 
achieved following the completing of the SLA duty or the usual 
75 days, whichever is greater. In this case, the applicant was 
not authorized to carry forward more than the protected leave 
balance of 79 days. 

 

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

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant argues that he would have delayed his terminal 
leave to coincide with his special leave accrual; however he 
relied on the terminal leave computed by Defense Finance and 
Accounting Services (DFAS). As a result, he lost six days of 
leave. 

 

A complete copy of the applicant’s response is at Exhibit E. 

 

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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. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. We took 
notice of the applicant's complete submission, including his 
rebuttal response, 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 that the applicant has not been the 


victim of an error or injustice. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application. 

 

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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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-04787 in Executive Session on 18 July 2013, under 
the provisions of AFI 36-2603: 

 

 Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 11 October 2012, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIM, dated 2 February 2013. 

 Exhibit D. Letter, SAF/MRBR, dated 17 February 2013. 

 Exhibit E. Letter, Applicant, dated 9 March 2013. 

 

 

 

 

 

 Acting Panel Chair