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AF | BCMR | CY2005 | BC-2004-03234
Original file (BC-2004-03234.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03234
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The 30 days of leave he lost be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was planning on separating from the Air Force and using  the  leave
as terminal leave.  Because of faulty information he received from the
Military Personnel Flight (MPF), he will not be able to separate until
31 May 05.  This change of plans left him with one month to  take  his
leave.  However, he had to report to Peterson AFB on 1 Sep 04.  He did
not receive his orders until 17 Sep 04, and did not in-process until 1
Oct 04.  As a result, his leave was lost.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
captain, having been promoted to that grade on 31 May 04.   His  Total
Active Federal Military Service Date (TAFMSD) is 31 May 00.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPF recommended denial noting the applicant was assigned  to  the
United States Air Force Academy in Colorado Springs, Colorado.  He was
selected  for  a  permanent  change  of  assignment  (PCA)  without  a
permanent change of station (PCS) to  Peterson  Air  Force,  Colorado.
According to AFPC/DPF, no  evidence  was  provided  by  the  applicant
showing he was denied leave, and he did not provide any proof his loss
of leave was a result of an error or injustice by the Air Force.

A complete copy of the AFPC/DPF evaluation is at Exhibit B.

AFPC/DPASA recommended denial indicating the applicant did not provide
evidence he was not properly advised on the assignment declination and
separation process.  In their view, the applicant was given ample time
between the time he made his intentions to separate known on 29 Jul 04
and when the assignment was changed to Peterson AFB on 16  Aug  04  to
apply for separation and take leave prior to 1 Oct 04.

A complete copy of the AFPC/DPASA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  17
Dec 04 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force  offices  of  primary  responsibility  (OPRs)  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  Therefore, in  the  absence
of sufficient evidence indicating  the  applicant  attempted  to  make
prudent use of his leave  during  the  fiscal  year,  as  required  by
regulation, he was improperly denied the use of his leave, or the loss
of his leave was due to circumstances beyond his own control, we  find
no compelling basis to recommend granting the relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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-
2004-03234 in Executive Session on 3 Feb 05, under the  provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Renee M. Collier, Member
      Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Oct 04.
    Exhibit B.  Letter, AFPC/DPF, dated 17 Nov 04.
    Exhibit C.  Letter, AFPC/DPASA, dated 7 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Dec 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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