RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00274
INDEX CODE: 121.03
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Forty-three (43) days of leave be restored to his leave account as
of 1 Oct 03.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He lost 26 days of leave during Fiscal Year (FY) 2001, 11 days
during FY02, and 6 days during FY03.
He was unable to use 14 days of leave during FY01 due to the events
of September 11, and subsequent deployments and mission
requirements. He was also charged 12 days of leave (12 - 23 Sep
01) that was cancelled due to Condition “Black” on base, which
resulted in the leave not being taken.
During FY02, he lost 11 days of leave due to deployments in support
of Operation Enduring Freedom. In addition, he lost six days of
leave during FY03, again due to numerous deployments and reduced
manning.
In support of his appeal, applicant submitted a personal statement
(concurred with by his squadron commander) and copies of printouts
from his Leave and Earnings Statements.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Based on information from the Air Force, applicant’s Master
Military Pay Account (MMPA) reflects he initially lost 14 days of
leave at the end of FY01 (30 Sep 01); however, those 14 days were
restored under the 9/11 Special Leave Accural (SLA) policy.
Additionally, his MMPA reflects he lost six days of leave at the
end of FY02 (30 Sep 02), and six days at the end of FY03 (30 Sep
03).
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSFOC recommended restoration of 17 days of leave.
Additionally, the MMPA should be corrected to reflect no lost leave
from FY01, FY02 and FY03.
On 18 Sep 01, OSD authorized SLA for members of the armed forces
who lost leave on 1 Oct 01 as a consequence of the terrorist
attacks on 11 Sep 01. The applicant’s MMPA reflects the
restoration of 14 days on his BF-PRIOR-FY for FY02, which reads
74 days instead of 60.
Applicant’s MMPA for FY02 reflects a lost balance of six days, when
in fact it should reflect 11 days.
AFPC/DPSFOC determined applicant’s MMPA should reflect no leave
lost in FY01, 11 days from FY02, and six days from FY03, for a
total of 17 days.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 13 Feb 04 for review and comment within 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, it appears that the applicant lost 17 days of
leave, not 43 days as he contends. The office of primary
responsibility has indicated that the applicant’s Master Military
Pay Account (MMPA) reflects he initially lost 14 days of leave at
the end of FY 01; however, those 14 days were restored under the
9/11 Special Leave Accrual (SLA) policy during FY 02. They
recommend that his record reflect no leave lost in FY01, 11 days
from FY02, and 6 days from FY03, for a total of 17 days. The
applicant has not refuted the findings of the office of primary
responsibility. Therefore, in the absence of evidence to the
contrary, we accept the findings of the Air Force and agree with
their recommendation that 17 days of leave should be restored to
the applicant’s leave account.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that seventeen (17)
days of leave were added to his leave account commencing 2 October
2003.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2004-00274 in Executive Session on 1 April 2004, under the
provisions of AFI 36-2603:
Mr. Roscoe Hinton Jr., Panel Chair
Ms. Martha A. Maust, Member
Mr. Vance E. Lineberger
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSFOC, dated 10 Feb 04, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 13 Feb 04.
ROSCOE HINTON JR.
Panel Chair
AFBCMR BC-2004-00274
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 XXXXXXX, XXXXXXX, be corrected to show that
seventeen (17) days of leave were added to his leave account
commencing 2 October 2003.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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