RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00407
COUNSEL: None
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
3.5 days of leave be restored to his record.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His January 2002 Leave and Earnings Statement (LES) shows in the
remarks section that COMBAT ZONE LV CARRYOVER BAL=65.5 EXPIRES 30 SEP
04. His balance forward into FY02 was 68 days (60 regular and 8
combat zone); he used 34 days in FY02, leaving a balance of 34 days.
His October 2002 LES shows a leave balance of 60.5 days and a leave
lost of 3.5 days
In support of his appeal, the applicant submits copies of his January
and October 2002 LES statements.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently assigned to the Air National Guard. He
earned restored leave in accordance with AFI 36-3003, Military Leave
Program during FY02. He lost 3.5 days of leave at the end of FY02.
Other pertinent facts are contained in the letter prepared by the Air
Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommended relief be denied. The applicant carried
forwarded 68.0 days of leave from FY01 through FY02. Eight of those
days were under the September 11th Special Leave Accrual (SLA) policy.
He used 34 days of leave during FY02 and lost 3.5 days. Because DFAS
center accounts for the use of SLA by using the “last leave earned is
the first leave used”, the applicant lost 3.5 days because he failed
to use them by the end of September 2002. The 3.5 days of leave he
lost were the days accrued from 2 August 2002 through 30 September
2002.
DFAS center has specific guidance on utilizing restored leave under
SLA provisions. Once a military member’s leave account is restored
under SLA provisions, the member has the sole responsibility of
understanding, managing and following the SLA provisions. Because of
the 3.5 days were days the member accrued from 3 August through 30
September 2002 and were not used before 30 September, they were lost.
ANG/DPPI complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 4
April 2003 for review and comment with 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. After reviewing the evidence
of record, we are persuaded that the applicant misunderstood the
Special Leave Accrual (SLA) program rules surrounding use of his
leave. Although the applicant has not submitted evidence showing that
he was miscounseled, the Board found the rules governing SLA leave
very confusing and believe the applicant would have used the leave had
he known of the applicable rules. Therefore, 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 3.5 days of leave
were added to his current leave account.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
00407 in Executive Session on 17 June 2003, under the provisions of
AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. James W. Russell, III, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jan 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPPI, dated 20 Mar 03.
Exhibit D. Letter, SAF/MRBR, dated 4 Apr 03.
ROBERT S. BOYD
Panel Chair
AFBCMR BC-2003-00407
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 3.5 days of
leave were added to his current leave account.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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