RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02835
INDEX CODE: 121.03
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Fourteen (14) days of leave be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to take planned leave due to short-notice temporary duty
(TDY). The leave in question started on 9 Sep 98 and ended 18 Sep 98.
The remaining days were scheduled 24 - 28 Sep 98. He was contacted
on 9 Sep 98, the first day of leave, to attend the Senior
Noncommissioned Officer Academy (SNCOA). Class dates for the SNCOA
were 8 Sep - 20 Oct 98. All 14 days of leave were scheduled in
advance and in conjunction with Weighted Airman Promotion System
(WAPS) testing which was on 28 Sep 98.
In support of his appeal, the applicant provided a copy of his leave
request and a statement regarding leave carry over for the applicant
from the Assistant Chief for Operations and Readiness with an approved
first indorsement by the commander.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant had 60 days of leave on 1 Oct 97. He used 16 days and
had 74 days on 30 Sep 98. He lost 14 days on 1 Oct 98 because under
Section 701(b), Title 10, United States Code (USC), members cannot
carry over more than 60 days into the next fiscal year (FY).
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Commanders’ Programs Branch, AFPC/DPSFC, reviewed this
application and indicated that although the applicant states that he
was unable to take leave in Sep due to short-notice that he had to
attend the SNCOA, this is not a valid reason to carry over more than
60 days into FY99. Under Section 704(b)(3), Title 10, USC, members
are to take leave annually as accruing, military requirements
permitting. However, members often accumulate the maximum 60 days
allowed and then take only the 30 days’ accrued during the current FY.
When they schedule leave in Sep, they risk losing days if unable to
take the leave due to unforeseen circumstances such as short-notice to
attend the SNCOA. In this case, DPSFC cannot support granting relief
because the applicant scheduled 14 days’ leave in Sep and gambled
there would not be unforeseen circumstances to preclude taking leave
at that time.
A complete copy of the Air Force evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and stated, in part, that
accumulation of leave is due to the inability to take leave, not an
attempt to accumulate. Leave was scheduled throughout the year but
canceled due to manning and mission requirements. As a senior NCO, it
is his duty to set the example for others to follow and he feels he
has fulfilled that requirement by constantly canceling leave to
support the mission. In the past, that meant rescheduling leave
without regard to personal affairs and family members (see 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. Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. In arriving at our
decision, we relied on the statement provided by the Assistant Chief
for Operations and Readiness and indorsed by the commander. The
Assistant Chief stated that the applicant’s leave had been scheduled
and started on 9 Sep 98. He stated that while on leave, the applicant
was contacted and informed that he would be attending the SNCO
Academy. It appears that all 14 days of leave were scheduled in
advance with sufficient time to use up the days prior to the cut-off
date but due to manning and mission requirements, was canceled. In
view of the above, and in order to offset any possibility of an
injustice, we recommend that 14 days’ leave be restored to applicant’s
account.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that 14 days of leave were
added to his current leave account.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 10 May 1999, under the provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. E. David Hoard, Member
Mr. Grover L. Dunn, Member
Mrs. Joyce Earley, Examiner (without vote)
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 98, w/atchs.
Exhibit B. Letter, AFPC/DPSFC, dated 13 Oct 98.
Exhibit C. Letter, AFBCMR, dated 26 Oct 98.
Exhibit D. Letter fr applicant, dated 28 Oct 98.
DAVID C. VAN GASBECK
Panel Chair
INDEX CODE: 121.03
AFBCMR 98-02835
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to be corrected to show that fourteen (14) days
of leave were added to his current leave account.
JOE G.
LINEBERGER
Director
Air Force
Review Boards Agency
_________________________________________________________________ APPLICANT CONTENDS THAT: The reasons applicant believes he has been the victim of an error and/or an injustice are contained in his complete submission, which is at Exhibit A. When members schedule leave in late September, they risk losing days if unable to take leave as planned due to unforeseen circumstances, such as a short-notice temporary duty (TDY). _________________________________________________________________ The...
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