RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03214
INDEX CODE: 121.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Nine and a half (9.5) days of leave be added to his leave account
commencing 1 October 2002.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Upon return from a 3-month deployment after an 11-month extension due
to stop loss, the squadron issued complimentary non-chargeable leave
time. Upon return from this leave time, he was immediately assigned
to work. At that time he started his out-processing to separate. No
leave is available while out-processing takes place. As a result, he
lost 9.5 days of leave.
In support of the appeal, applicant submits a personal statement.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 10 December 1997.
He was progressively promoted to the grade of senior airman (E-4).
He carried a leave balance of 42.5 days in to FY02. He only took 3
days of leave the entire fiscal year (24-26 January 2002). He
deployed to Turkey on 22 May 2002 and returned to his home station on
29 August 2002. The applicant had a leave balance of 69.5 days at the
end of FY02, and lost 9.5 days of leave at that time. He applied for
separation on 16 September 2002, and started terminal leave on 5
October 2002. The applicant was released from active duty and
transferred to the Air Force Reserve on 9 December 2002.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSFM states that they contacted the applicant and asked him to
provide a letter from his commander stating that he was denied leave.
The applicant stated that he was not denied leave. However, he
wrongly believed that because he was under stop loss, the use/lose
rules did not apply. Therefore, he calculated his terminal leave
based on the leave balance shown on the monthly leave balance listing.
He stated that his local Finance Office later informed him that he
would lose 9.5 days at the end of FY02. The applicant stated in an
email that he intended to out-process at the end of September, take 70
days of terminal leave, and sell 5.5 days upon separation. Because he
lost 9.5 days at the end of September he had to change his final out-
processing date to 5 October 2002.
Air Force Instruction 36-3003, Military Leave Program, paragraph
4.1.2. states, “Both management and members share responsibility in
managing leave balances throughout the FY (fiscal year).” In
addition, AFI 36-3003, paragraph 4.1.4.2. states, “(Encourage members
to use leave) after periods of arduous duty and protracted periods of
deployment.” There is no provision in the AFI for non-chargeable,
post-deployment leave, even though it has become common practice
through the USAF. The applicant failed to properly manage his leave
account during FY02. Therefore, they recommend denial of applicant’s
request.
A complete copy of the evaluation, with attachment, is attached at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 December 2002, a copy of the Air Force evaluation was forwarded
to the applicant for review and response 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After reviewing the evidence of
record, we are not persuaded that the applicant’s records are in error
or that he has been the victim of an injustice. His contentions are
noted; however, in our opinion, the detailed comments provided by the
appropriate Air Force offices adequately address those allegations.
Therefore, we agree with opinions and recommendations of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice. In the
absence of evidence by the applicant indicating he was miscounseled or
that he requested leave and his request was improperly denied, we find
no compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 19 February 2003, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Vice Chair
Ms. Kathleen F. Graham, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSFM, dated 2 Dec 02, w/atch.
Exhibit D. Letter, AFBCMR, dated 13 Dec 02.
THOMAS S. MARKIEWICZ
Vice Chair
AF | BCMR | CY2003 | BC-2002-03214
The applicant had a leave balance of 69.5 days at the end of FY02, and lost 9.5 days of leave at that time. The applicant stated in an email that he intended to out-process at the end of September, take 70 days of terminal leave, and sell 5.5 days upon separation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...
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In fact, it appears that he was not charged for any leave from the time he arrived at his new duty station until he commenced work, a period of approximately six weeks. Exhibit C. Letter, AFPC/DPSFM, dated 2 December 2002, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 13 December 2002.
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In fact, it appears that he was not charged for any leave from the time he arrived at his new duty station until he commenced work, a period of approximately six weeks. Exhibit C. Letter, AFPC/DPSFM, dated 2 December 2002, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 13 December 2002.
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