RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03342
INDEX CODE: 121.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Two days of leave be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was on temporary duty (TDY), scheduled to return on 28 September 1998;
however, he did not return until 2 October 1998 because of problems with
the airplane.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on extended active duty in the Reserve grade
of major.
Applicant requested and received approval for two days of leave from 29
September through 30 September 1998.
Applicant’s leave balance at the end of fiscal year (FY) 1998 was 62.5
days.
On 1 October 1998, he lost 2.5 days of leave because the law allows a carry-
over of only 60 days.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Utilization, ANG/DPPU, reviewed this case and states that in
accordance with AFI 36-3003, IMC 95-2, dated 27 June 1994, restoration of
lost leave due to Temporary Duty (TDY) is not appropriate. Additionally,
the applicant has failed to prove or provide enough information surrounding
the commander’s leave program and the applicant’s ability to take leave
during the length of the TDY.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states that the individual that
is recommending the denial has AFI 36-3003 to wit, compliance is mandatory.
To even suggest taking leave during a fighter drag TDY tells him that
individual does not have a clue of how operational TDY’s operate. To
uphold this recommendation tells him that he must use his leave well before
the end of the fiscal year. Would that be before the end of July or
August? That is contradictory to AFI 36-3003. If that is not what the
individual is trying to say then the only other conclusion would be that if
he wanted to take leave at the end of September, he could not let the
military mission interfere with his leave. He states he could have taken
leave in Hawaii and had the Air Force generate another tanker and crew and
send them to Hawaii to continue the mission; or he could have requested
that the mission be delayed. He is sorry that the F-16’s kept delaying the
mission each day due to fuel leak but, there was not much he could do.
Applicant’s response is attached at Exhibit E.
_________________________________________________________________
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. Applicant was on temporary duty
from 21 September 1998 through 2 October 1998. He was expected to return
on 28 September 1998, but, encountered unexpected problems with the
military airplane for which he was not responsible and was unable to do so.
He had requested and received approval for leave on 29 through 30
September 1998. In view of the above circumstances and noting that he had
scheduled leave and was unable to use it, we believe two (2) days of leave
should be added to his current leave balance. Therefore, we recommend the
applicant’s records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that two (2) days of leave be added to
his current leave balance.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 26 May 1999, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Charles E. Bennett, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 November 1998, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPPU, dated 22 December 1998.
Exhibit D. Letter, SAF/MIBR, dated 25 January 1999.
Exhibit E. Letter, Applicant, dated 4 February 1999.
THOMAS S. MARKIEWICZ
Panel Chair
AFBCMR 98-03342
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 APPLICANT be corrected to show that two (2) days of leave be
added to his current leave balance.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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