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AF | BCMR | CY2003 | BC-2003-00407
Original file (BC-2003-00407.doc) Auto-classification: Approved


                       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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