RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00432
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Fifty-five days of his leave be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He lost 55 days of leave in fiscal year (FY) 2003 due his intensive
flying schedule for the 2003 Air Show season.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
lieutenant colonel.
The applicant’s Master Military Pay Account reflects he accrued 117
days of leave in FY 2003 as follows: He was restored 27 days of leave
in March 2003 as a result of correction of records, therefore, he
carried forward 87 days of leave into FY 2003. He accrued 30 days of
in FY 2003; and on 1 October 2003 lost 55 days of leave. He used two
days of leave in FY 2003. He carried 60 days of leave into FY 2004.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSFOC states AFI 36-3003, Military Leave Program, paragraph
4.1.4, Use of Leave, recommends servicemembers be given the
opportunity to take at least one leave period of 14 consecutive days
or more each fiscal year and encourages them to use the 30 days of
accrued leave each year.
United States Code (USC), Title 10, Subtitle A, Part II, Chapter 40,
Section 701, paragraph f2B limits servicemembers to no more than 90
days of leave at the beginning of the fiscal year.
AFPC/DPSFOC recommends 30 days of leave be restored to the applicant’s
leave account.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
27 February 2004, for review and response. 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 error or injustice warranting partial relief. The
applicant is requesting 55 days of leave be restored to his leave
account. This case presents a dilemma for the Board. On the one
hand, we are inclined not to grant this request because, in our
opinion, leave management is an individual responsibility that should
not be adjudicated by this Board. In this respect, the applicant’s
situation does not differ significantly from individuals undergoing
training and who lose leave; however, due to the unusual circumstances
of this case involving his duties with the Thunderbirds, we believe
partial relief is warranted. In reaching this decision, we noted the
applicant lost leave at the end of FY 2002 due his intense flying
schedule and 27 days of leave was restored in March 2003. However,
due to the demands of the FY 2003 flying schedule the applicant again
lost leave at year-end balancing. The applicant was TDY 24 times in
2003 for a total of 182 days due to the 2003 flying schedule. In many
respects, the approval of his first request caused further injustice
because he was unable to benefit from the relief by year-end leave
balancing. We note the applicant has informed the Board of his
upcoming retirement and he will be able to incorporate using the
restored leave in the planning of his retirement. Although we believe
some relief is warranted we are not inclined to restore the full 55
days. Rather, we agree with the opinion and recommendation of the Air
Force and adopt their rationale as the basis for our decision that 30
days of leave be added to his current leave account. However, we must
caution that should the applicant’s situation change, any future
requests for restoring leave will be viewed rather skeptically by this
Board unless extremely unusual circumstances are presented that
prevents him from using his leave.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that 30 days of leave were
added to his leave current account.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2004-00432 in Executive Session on 7 April 2004, under the provisions
of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Ms. Rita J. Maldonado, Member
Ms. Leslie E. Abbott, 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. Letters, SAF/MRBR dated 27 Feb 04.
JOSEPH A. ROJ
Panel Chair
AFBCMR BC- BC-2004-00432
INDEX CODE: 110.00
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 , be corrected to show that
30 days of leave were added to his current leave account.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2004 | BC-2004-00416
The applicant was able to use 4 days of leave over the course of the FY. ___________________________________________________________________ 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. Letter, AFPC/DPSFOC, dated 20 Feb 04 Exhibit C. Letter, SAF/MRBR, dated 27 Feb 04 JACKSON A. HAUSLEIN JR. Panel Chair AFBCMR...
AF | BCMR | CY2004 | BC-2004-00414
The applicant was able to use 9 days of leave over the course of the FY. ___________________________________________________________________ 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. Letter, AFPC/DPSFOC, dated 20 Feb 04 Exhibit C. Letter, SAF/MRBR, dated 27 Feb 04 JACKSON A. HAUSLEIN JR. Panel Chair AFBCMR...
AF | BCMR | CY2005 | BC-2004-03245
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03245 INDEX CODE: 121.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The eight days of leave she lost at the end of fiscal year (FY) 2004 be restored. Upon completion of her bed rest, she was required to return to her duty section in support of mission critical activities. MARTHA J. EVANS Panel...
AF | BCMR | CY2004 | BC-2004-00274
___________________________________________________________________ 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. The office of primary responsibility has indicated that the applicant’s Master Military Pay Account (MMPA) reflects he initially lost 14 days of leave...
AF | BCMR | CY2005 | BC-2005-01385
Applicant’s Leave Master Record reflects a BF-Leave balance of 35 days; Leave Sold - 6 days;, and Leave Balance - 29 days. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/DPM reviewed this application and recommended applicant’s unit pay him for the 35 days of accrued and unused leave. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...
AF | BCMR | CY2014 | BC 2014 01018
He filed an appeal through the comptroller squadron which was denied stating that he was only authorized to carry over 75 days of accrued leave for the fiscal year. Members failure to use leave, as accruing can result in loss of accrued leave at FY-end leave balancing or upon retirement or separation from active duty. When the applicant did not use his 10 days of annual leave prior to retiring, he forfeited those days. ________________________________________________________________ THE...
AF | BCMR | CY2014 | BC 2014 00821
Scheduling leave prevents loss of leave at fiscal year (FY)-end balancing, retirement, or separation from active duty. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends the 16 lost days were due to being penalized as reprisal for speaking out against her commander at the time; he allegedly committed sexual assault against her. We took notice of the applicants complete submission, to include her rebuttal response, in judging the merits of the case; however, we agree with...
AF | BCMR | CY2012 | BC 2012 05768
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05768 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: Thirteen days of leave he lost at the end of Fiscal Year 2011 (FY11) be restored. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached...
AF | BCMR | CY2013 | BC 2012 05768
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05768 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: Thirteen days of leave he lost at the end of Fiscal Year 2011 (FY11) be restored. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached...
AF | BCMR | CY2006 | BC-2005-03511
AFI 36-3003, para 4, Military Leave Program, 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 encourage them to use the 30 days of leave they accrue each year. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSFOC recommended restoration of 22 days of leave, stating, in part, that finance was correct in stating that as long as the applicant started his...