RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02319
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Three days of his leave be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was briefed that if he had less than 30 days of use or lose leave,
he would be able to retain those days of leave without having to apply
for special consideration due to Operation Enduring Freedom. He was
unable to take leave for extended periods after September 11, 2001.
He was deployed to a classified location until May 2002. After his
return, he took several periods of leave, however, there were three
days of leave he was unable to take.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 31 January 2003. He
served 22 years and 18 days of active service.
The applicant’s Master Military Pay Account reflects he had a 63 day
leave balance at the end of fiscal year (FY) 2002. He lost three days
of leave on 1 October 2002.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSFM indicates that AFI 36-3003, states in part that members are
ineligible for special leave accrual consideration if they returned
from deployment and had the opportunity to use leave and failed to do
so.
The applicant’s commander provided an e-mail statement indicating the
applicant had ample opportunity to use all of his use or lose leave
and was never denied the opportunity use leave. 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
26 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 to provide
supporting documentation from his unit commander. The applicant’s
commander provided an e-mail stating the applicant was never denied
leave and had ample opportunity use all of his use/lose leave.
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 BC-
2003-02319 in Executive Session on 4 November 2003, under the
provisions of AFI 36-2603:
Ms. Charlene Bradley, Panel Chair
Ms. Cheryl Jacobson, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jul 03, w/atchs.
Exhibit B. Letter, AFPC/DPSFM dated 24 Sep 03.
Exhibit C. Letters, SAF/MRBR dated 26 Sep 03.
CHARLENE BRADLEY
Panel Chair
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00876 INDEX CODE 121.01 121.03 COUNSEL: No HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: He be reimbursed for all leave, pay, and allowances for 28 days charged as excess leave. Exhibit C. Letter, HQ AFPC/DPSFM, dated 21 May 01, w/atchs. Exhibit D. Letter, SAF/MIBR, dated 1 Jun 01.
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