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AF | BCMR | CY2004 | BC-2004-00274
Original file (BC-2004-00274.doc) Auto-classification: Approved


                       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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