RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03035
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Twenty (20) days of leave be added to his current leave balance.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He lost leave due to his Professional Military Education (PME) duties and
responsibilities at his new duty station in Australia.
In support of his appeal, the applicant provided a statement from the U.S.
Embassy, Canberra, ACT, dated 16 September 2002.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on extended active duty in the grade of
lieutenant colonel.
The applicant lost 20 days of leave at the end of Fiscal Year 2002 (FY02).
The applicant was charged seven (7) days of leave (25 through 31 October
2001) and three (3) days of leave (25-27 November 2001) with no other leave
charged for the remainder of FY02.
On 9 December 2001 the applicant arrived at his current duty station.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSFM recommended denial. They indicated that they emailed the
applicant and asked him for a letter from his commander stating that he was
denied or unable to take leave. The applicant responded by return email
that he started teaching in late January 2002, and classes run until mid
December 2002 with no opportunity to take leave. The applicant is
disappointed that his word isn’t good enough and that he needs another
Lieutenant Colonel to sign a letter. AFI 36-3003, Military Leave Program,
paragraph 4.1.2., Annual Leave Program, puts the responsibility for
managing leave balances on both management and the member. The applicant
used 10 days of leave between 1 October 2001 and his arrival at his new
duty station on 9 December 2001. He states in his email that he received a
permanent change of station (PCS) on short notice. The applicant spent the
Christmas holidays in a hotel while he looked for a car, a place to live
and waited on Customs officials to return from the holidays in the middle
of January. None of this time was charged to the applicant as leave. The
applicant refused to provide a letter from his commander stating that leave
had been denied or that he was unable to take leave due to his duty
schedule. Additionally, it appears that he had approximately 6 weeks,
arrived 9 December 2001 started teaching late January 2002, in which he
could have used leave.
The evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 December 2002, a copy of the evaluation was forwarded to the
applicant for review and response within thirty (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 probable error or injustice. After thoroughly reviewing the
evidence of record, we are not persuaded that 20 days should be restored to
applicant's leave account. The applicant contends that he lost leave due
to his Professional Military Education (PME) duties and responsibilities at
his new duty station in Australia. According to the applicant’s Master
Military Pay Account (MMPA) he carried forward 60 days of leave at the end
of FY 01. He was charged 7 days of leave 25-31 October 2001 and 3 days of
leave 25-27 November 2001 with no other leave charged for the remainder of
FY 02. The applicant arrived at his new duty station on 9 December 2001
and reported for work in late January 2002. The Board is of the opinion
that the applicant had ample time in which to use his leave. 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. He was advised by AFPC/DPSFM to provide a statement from his
commander stating that he was denied or was unable to take leave due to his
duty schedule. He chose not to do so. Therefore, in the absence of
evidence to the contrary, 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 AFBCMR Docket Number 02-03035
in Executive Session on 20 February 2003, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Mary J. Johnson, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 September 2002, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSFM, dated 2 December 2002,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 13 December 2002.
RICHARD A. PETERSON
Panel Chair
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