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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