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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