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AF | BCMR | CY2001 | 0002870
Original file (0002870.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  00-02870
                 INDEX CODE:  121.03
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Eleven days of lost military leave be restored.
___________________________________________________________________

APPLICANT CONTENDS THAT:

On 27 July 2000 he received orders for a  temporary  duty  assignment  (TDY)
(14 August - 30 September 2000) to the  National  Guard  Bureau,  Washington
DC.  At the time he received informal verification  that  he  would  be  TDY
through the end of the fiscal year, he attempted to take leave  so  that  he
would not lose any days.  However, his commanding  officer  disapproved  his
verbal leave request.  He had pre-planned the entire  year  to  insure  this
would not occur, but he never planned on a TDY that would take  him  to  the
end of the fiscal year with so many days remaining.

In support of his appeal, the applicant provided a copy of Special Order TZ-
77 dated 27 July 2000 (Exhibit A).

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty  (Title  32  Active  Guard
and Reserve) in the Air National Guard entering his most  recent  enlistment
on 6 December 1997, when he reenlisted for a period of  six  years.   He  is
currently serving in the grade of master sergeant, having been  promoted  to
that grade with an effective date and a date of rank of 3 February 1998.

___________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Personnel Policy, ANG/DPFP, indicates that the applicant’s  right
to submit a leave request was denied by his  commanding  officer.   However,
the member accepted the voluntary tour  of  active  duty  and  had  the  ANG
Headquarters  been  made  aware  of  the  applicant’s  use  or  lose   leave
situation, his orders would have been adjusted to allow him the  opportunity
to take leave in conjunction with his TDY.  DPFP recommends  denial  of  the
relief sought by the applicant (Exhibit B).

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and response.  As of this date, this office has received no  response
(Exhibit C).

___________________________________________________________________

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  injustice.   After  reviewing   the   documentation
submitted, we are convinced that the applicant had  pre-planned  his  entire
leave year to avoid losing any leave and would not have lost  any  leave  if
his commanding officer had  not  denied  his  verbal  leave  request  before
commencing the temporary duty assignment at Air national Guard  Headquarters
on 14  August  2000.   In  view  of  the  above  and  the  totality  of  the
circumstances of this case, we believe this matter  should  be  resolved  in
the applicant's favor.   Accordingly,  we  recommend  that  his  records  be
corrected as 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 11 days of annual  leave  were  added
to his leave account commencing 2 October 2000.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 1 May 2001, under the provisions of AFI 36-2603:

      Mr. Robert W. Zook, Panel Chair
      Ms. Brenda L. Romine, Member
      Ms. Marcia J. Bachman, Member

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

     Exhibit A.  DD Form 149, dated 8 Aug 00 w/atchs.
     Exhibit B.  Letter, ANG/DPFP, dated 16 Feb 01.
     Exhibit C.  Letter, SAF/MIBR, dated 23 Mar 01.



                                  ROBERT W. ZOOK
                                  Panel Chair


AFBCMR 00-02870




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 11 days of annual leave
were added to his leave account commencing 2 October 2000.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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