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AF | BCMR | CY2003 | BC-2002-03035
Original file (BC-2002-03035.doc) Auto-classification: Denied

                            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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