RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01341
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Seven and one-half days of leave be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unaware at the time of his arrival to -- AB of the local policy
that servicemembers could not take more than 30 days of leave. He was
unable to take his mid-tour leave until after October 2002, thus
causing him to lose his leave.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on active duty in the grade of staff
sergeant.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSFM states that paragraph 4.3 of the AFI 36-3003, states the
entitlement to leave is a right; however, unit commanders can
disapprove leave requests due to military necessity or in the best
interest of the Air Force. The applicant PCS’d to -- AB on or about
14 October 2002. His Master Military Pay Account reflects he had a
67.5 day leave balance at the end of fiscal year (FY) 2002. He lost
seven and one-half days of leave on 1 October 2002. DPSFM, on 19
June 2003, requested the applicant provide documentation from his
commander stating the applicant’s leave was denied and this caused the
applicant to lose his leave, or an AF Form 988 with his commander
signature disapproving the applicant’s leave. The applicant did not
respond. They further state the applicant has not provided any
documentation from his
chain of command that they were aware of the applicant’s use or lose
leave status. Based on the evidence provided they recommend the
applicant’s request for restoration of leave be denied.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
19 September 2003, for review and response. 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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice. The applicant was requested by the Air
Force Office of Primary Responsibility to provide documentation from
his commander or supervisor stating he requested leave and the request
was denied. The applicant did not respond. The applicant has not
provided any documentation showing he requested leave and the leave
was denied. 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 and that
there was no evidence that he applied for and was denied the
opportunity to take the leave he is requesting to be restored; 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 BC-
2003-01341 in Executive Session on 21 October 2003, under the
provisions of AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Ms. Kathleen F. Graham, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jan 03, w/atchs.
Exhibit B. Letter, AFPC/DPSFM dated 8 Sep 03.
Exhibit C. Letters, SAF/MRBR dated 19 Sep 03.
OLGA M. CRERAR
Panel Chair
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