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AF | BCMR | CY2004 | BC-2004-00416
Original file (BC-2004-00416.DOC) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00416
            INDEX NUMBER:  121.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Thirty-six point five days of lost leave be restored.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He lost 36.5 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 36.5 days of leave at the end of FY  03.   He  had
10.5 days of  leave  restored  by  (DFAS-DE)  through  an  approved
correction of military records request on 31 Mar 03, giving  him  a
total of 70.5 days of leave carried forward into FY 03.  He  earned
an additional 30 days of leave for FY 03  giving  him  a  total  of
100.5 days.  He used 4 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 4 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 thirty-six point five 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-2004-00416 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-2004-00416




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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