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AF | BCMR | CY2002 | 0201835
Original file (0201835.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                 DOCKET NUMBER:  02-01835
                                  INDEX CODE 121.03
                                  COUNSEL: No

                                  HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

Twenty-two days of leave be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was assigned full-time to  USCINCPAC  Joint  Planning  Group  (JPG)
established to address a time-sensitive issue of significant  national
security.   On  7  August  2000,  CINCPAC  directed  additional   work
resulting in several major deliverables due by 30 September 2000.   As
a member of the JPG, he was essential in meeting the  CINC's  tasking.
Consequently, he was unable to take his planned and approved leave  in
August and September  2000.   This  planned  leave  consisted  of  his
remaining Use/Lose Leave for Fiscal Year 2000.

In support of the appeal,  applicant  submits  a  personal  statement,
letters of support from the Director of Air and Space  Operations  and
Pacific Director of Personnel, and a copy of his leave account.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of major.

The applicant's leave history reflects he lost 12.0 days of  leave  in
FY 00, rather than 22 days he indicates on his DD Form 149.





His leave files indicate he brought 59 days of leave into FY00, earned
30 days of leave for FY00, and used 17 days that same FY (59+30=89; 89-
17=72).  Therefore, he entered FY01 with a leave balance of  72  days,
but since one can only carry over 60 days of leave to  a  new  FY,  he
lost 12 days.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM stated the applicant applied for restoration of this  leave
as Special Leave Accrual (SLA) through  the  PACAF/DP,  who  correctly
disapproved his application as he is not entitled  to  SLA.   However,
the applicant is eligible to  apply  via  a  BCMR  based  on  military
necessity.  DODD 1327.7, Leave and Liberty, define  the  criteria  for
SLA entitlement, which the applicant does not meet. AFI 36-3003 states
SLA is not authorized for details and special working group.  Since we
are so late in this FY, they recommend restoring 12 days of  leave  to
his FY03 account.

A complete copy of the Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  3
July 2002 for review and comment within 30 days.  As of this date,  no
response has been received by this office.

_________________________________________________________________

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 an error or  injustice  to  warrant  partial  relief.
After reviewing the evidence of record,  to  include  the  applicant's
leave and earning statement indicating a loss of 12 days  rather  than
22 days of leave in FY00, we are of the opinion his loss of leave  had
occurred  through  no  fault  of  his  own  and  should  be  restored.
Therefore, we agree with the recommendations of  the  Air  Force  that
while the applicant does not qualify for restoration of his loss leave
as Special Leave Accruaral (SLA), 12 days of leave should be added  to
his FY03 account.  In view of the above, we recommend his  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  12  days  of  annual
leave be added to his leave balance commencing 2 October 2002.

_________________________________________________________________

The following members of  the  Board  considered  Docket  02-01835  in
Executive Session on 18 September 2002, under the provisions of AFI 36-
2603:

                  Mr. Charles E. Bennett, Panel Chair
                  Mr. Micheal V. Barbino, Member
                  Ms. Kathleen F. Graham, Member

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

   Exhibit A.  DD Form 149, dated 27 May 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFC, dated 26 Jun 02.
   Exhibit D.  Letter, AFBCMR, dated 3 Jul 02.




                                   CHARLES E. BENNETT
                                   Panel Chair


AFBCMR 02-01835




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 12 days of
annual leave be added to his leave balance commencing 2 October 2002.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency


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