RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00414
INDEX NUMBER: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Forty-one days of lost leave be restored.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He lost 41 days of leave due to an intensive flying and training
schedule as a member of the USAF Thunderbirds.
In support of his request, he submits a Commander’s letter of
support, TDY verification statement, and a leave balance sheet.
Applicant’s complete submission is attached at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
A printout of the applicant’s Master Military Pay Account (MMPA)
reflects he lost 41 days of leave at the end of FY 03. He had 20
days of leave restored by (DFAS-DE) through an approved correction
of military records request on 28 Mar 03, giving him a total of 80
days of leave carried forward into FY 03. He earned an additional
30 days of leave for FY 03 giving him a total of 110 days. He used
9 days of leave in FY 03. He carried forward 60 days of leave into
FY 04.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSFOC recommends that 30 days of leave be restored.
AFI 36-3003, Military Leave Program, Para 4.1.4, Use of Leave,
recommends members be given the opportunity to take at least one
leave period of 14 consecutive days or more each FY and encourages
them to use the 30 days of accrued leave each year. The applicant
was able to use 9 days of leave over the course of the FY.
U.S. Code, Title 10, Subtitle A, Part II, Chapter 40, Section 701,
Para f2B limits military members to no more than 90 days of leave
at the beginning of the FY.
A complete copy of the Air Force evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 February 2004, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within 30 days.
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. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice warranting partial relief.
After reviewing the evidence of record, we agree with the
recommendation of the Air Force and adopt their rationale as the
basis for our decision that the applicant has been the victim of
either an error or an injustice. While we note, the applicant has
requested restoration of forty-one (41) days of leave, U.S. Code
Title 10, Subtitle A, Part II, Chapter 40, Section 701, paragraph
f2B limits military members to no more than 90 days of leave at the
beginning of the Fiscal Year. In this respect, the applicant’s
records should be corrected to the extent indicated below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that thirty (30) days
of leave were added to his leave account commencing 2 October 2003.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2004-00414 in Executive Session on 29 April 2004, under the
provisions of AFI 36-2603:
Mr. Jackson A. Hauslein Jr., Panel Chair
Mr. James W. Russell III, Member
Mr. Richard A. Peterson, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated.15 Dec 03, w/atchs
Exhibit B. Letter, AFPC/DPSFOC, dated 20 Feb 04
Exhibit C. Letter, SAF/MRBR, dated 27 Feb 04
JACKSON A. HAUSLEIN JR.
Panel Chair
AFBCMR BC-2004-00414
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 [Applicant], be corrected to show that, thirty
(30) 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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