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AF | BCMR | CY2003 | BC-2003-01341
Original file (BC-2003-01341.doc) Auto-classification: Denied

                            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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