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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