RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02746
INDEX CODE: 121.00, 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS:
Restoration of 16 days of leave he was charged during a Permanent
Change of Station (PCS) from Osan Air Base to Ramstein Air Base in
October 2001.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was forced to use 16 days of extra leave because the Traffic
Management Office (TMO) at Osan Air Base would not adjust his
departure date and HQ AFPC would not adjust his Report Not Later Than
Date (RNLTD). His initial Date Eligible for Return from Overseas
(DEROS) was August 2001 and his RNLTD was 15 October 2001.
The two weeks of leave (21-28 August and 25 September-2 October 2001)
were taken involuntarily due to travel restrictions placed on him by
his servicing organizations. He has since learned from his Military
Personnel Flight (MPF) that, in accordance with AFI 36-3003, “no
member will be in involuntarily leave status for the convenience of
the government.”
No supporting documents were submitted. The applicant’s complete
submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is
14 April 1994. He is currently on active duty in the grade of
captain, with an effective date and date of rank of 25 November 1997.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSFM recommends the applicant’s request be denied. DPSFM
states that the governing Air Force instruction stipulates that the
FSO computes leave for authorized absences in excess of allowed travel
time, PTDY, and proceed time, if applicable. The FSO correctly
charged the applicant leave for the period of 26 August to 30
September 2001. HQ AFPC/DPSFM contacted the applicant and his
assignment officer for additional documentation to substantiate that
the applicant’s request to adjust his RNLTD was denied; however, no
documentation was available. The HQ AFPC/DPSFM evaluation, with
attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 10
October 2003 for review and response. As of this date, no response
has been received by this office (Exhibit C).
_________________________________________________________________
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.
The Board majority notes that the applicant’s contention sounds
plausible. However, other than his own assertions, the Board majority
found no evidence to substantiate the applicant’s claim that his
requests for adjustment to his departure date and RNLTD were denied.
Should the applicant provide corroborating statements from his
superiors or officials knowledgeable of the circumstances, they may be
willing to reconsider his request. In view of the above and absent
sufficient evidence to the contrary, the Board majority finds no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 19 November 2003, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Martha Maust, Member
Ms. Carolyn B. Willis, Member
By a majority vote, Mr. Markiewicz and Ms. Maust voted to deny
applicant's request. Ms. Willis voted to grant the applicant's
request but did not desire to submit a minority report. The following
documentary evidence was considered in connection with AFBCMR Docket
Number BC-2003-02746.
Exhibit A. DD Form 149, dated 16 Jul 03.
Exhibit B. Letter, HQ AFPC/DPSFM, dated 2 Oct 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 10 Oct 03.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2003-02746
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of APPLICANT
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G.
LINEBERGER
Director
Air Force
Review Boards Agency
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