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AF | BCMR | CY2005 | BC-2004-03187
Original file (BC-2004-03187.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03187
            INDEX CODE:  121.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY DUE DATE:  16 FEBRUARY 2006
_________________________________________________________________

APPLICANT REQUESTS THAT:

His 17 days of lost leave for Fiscal Year (FY) 04 be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is not eligible for special  leave  accrual.   His  leave  was  projected
since Fall of 2003, so that he could spend time with his  family  before  an
unaccompanied tour at Osan AB,  Korea.   His  report  not  later  than  date
(RNLTD) was changed  from  30  April  2004  to  10  June  2004.   His  leave
projected during days prior to his PCS was not fully granted.   It  was  not
possible for him to take leave at Osan AB prior to the  end  of  the  fiscal
year due to inprocessing/readiness considerations.  His mid-tour leave  will
be taken on 19 October 2004 (25 days) and on 10 June 2005 (greater  than  30
days), resulting in his leave balance being well below use or lose status.

No  supporting  documentation  was  submitted.   The  applicant's   complete
submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel  Data  System  (PDS)  reflects  the
applicant’s Total Active Federal Military Service Date (TAFMSD) as 27  April
1986.  He is currently serving on active duty in the grade of captain.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________
AIR FORCE EVALUATION:

HQ AFPC/DPF recommends denial.  DPF explains  AFI  36-3003,  Military  Leave
Program, note below para 10.9.7, states, in  part,  a  member’s  application
must clearly establish that an error or injustice by the  Air  Force  caused
the  member’s  lost  leave.   Additionally,  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 leave they accrue each year.  DPFFOC e-mailed  the  applicant
requesting he provide a statement from his previous commander verifying  the
commander denied the applicant leave, however, the  applicant  responded  he
could not provide the additional documentation and his commander  would  not
admit the applicant had been denied leave or put  anything  in  writing.   A
complete copy of the evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 20  December  2004,  the  applicant  states  he  truly
regrets not having submitted leave using the leave  web  system  to  provide
proof of the denial of his request.  He opines leave  is  granted  depending
on the needs of the unit and  the  mission,  and  it  is  a  shame  military
members are placed in a position to involuntarily accumulate  large  amounts
of leave.  He believes it should be  every  good  commander’s  intention  to
provide leave to their subordinates at least 30 days a  year  to  allow  for
recovery after long working periods and provide quality  time  with  family.
He states this is  not  always  the  case  because  of  mission  or  because
leadership is not  always  attentive  to  the  well  being  of  the  troops.
Additionally, he  reiterates  his  original  contentions.   The  applicant’s
response is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  probable  error  or  injustice.   We  took  notice   of   the
applicant’s complete submission in judging the merits of  the  case.   Other
than  his  own  unsupported  allegations,  the  applicant  has  provided  no
documentary evidence that would  lead  us  to  believe  he  requested  leave
during FY 2004 and his requests  were  denied.   Therefore,  we  agree  with
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an  error  or  injustice.   In  the
absence of  evidence  to  the  contrary,  the  applicant’s  request  is  not
favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
01235 in Executive Session on 7 April 2005 under the provisions of  AFI  37-
2603:

            Mr. Richard A. Peterson, Panel Chair
            Mr. James W. Russell III, Panel Member
            Mr. Vance E. Lineberger, Panel Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 5 Oct 2004.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPF, dated 17 Nov 2004.
      Exhibit D.  Letter, SAF/MRBR, dated 19 Nov 2004.



      RICHARD A. PETERSON
      Panel Chair

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