Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-00614
Original file (BC-2005-00614.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00614
            INDEX CODE:  121.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 AUG 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

The 19 days of leave he lost at the end of Fiscal Year 2003 (FY03)  be
restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was unable to take leave because of his deployments.

In support of his appeal, the applicant provided copies of his  travel
order, travel vouchers, leave request, and other documents  associated
with the matter under review.

Applicant’s complete submission, with attachments, 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
master sergeant, having been promoted to that grade on 1 Jun 95.   His
Total Active Federal Military Service Date (TAFMSD) is 26 Dec 79.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFF noted the applicant  lost  31  days  of  leave  and  carried
forward 78 days at the end of FY03.  They also noted  the  applicant’s
commander supported his request to restore 31 days that were  lost  at
the end of FY03.  Since the applicant carried over 78 days of leave in
FY03, the minimum (sic) number of days that can be restored under  the
provisions of special leave accrual (SLA) is 12 days, which  AFPC/DPFF
recommends.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  25
Mar 05 for review and response.  As of this date, no response has been
received by this office (Exhibit C).

_________________________________________________________________

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.   Having  carefully  reviewed  this
application, we are sufficiently persuaded that corrective  action  is
warranted  in  this   case.    Thus,   we   agree   with   AFPC/DPFF’s
recommendation that the applicant’s records be  corrected  to  reflect
the addition of lost leave to his leave account.  However,  we  differ
with the amount of leave they recommended be restored.   The  evidence
of record indicates that at the end of FY03, the applicant had a leave
balance of 109 days and was allowed to carry forward 78 days of  leave
under the provisions of SLA.  As a result, he lost 31 days of leave at
the end of FY03.  It appears that an additional 12 days of leave  have
been restored to his account, leaving the applicant  with  19 days  of
lost leave at the end of FY03, which he is now requesting be  restored
to his leave account because he was unable to take leave as  a  result
of his deployments.  AFPC/DPFF recommends that only 12 days  of  leave
be restored, indicating that since the applicant carried over  78 days
of leave, only 12 days of leave can be restored under  the  provisions
of SLA.  As indicated above, it would appear 12  days  of  leave  have
been added to  his  leave  account,  giving  him  the  maximum  amount
allowable under the provisions of SLA.  Notwithstanding  this,  he  is
left with 19 days of lost leave as a  result  of  operational  mission
requirements and not through any fault of his own.  Therefore, we  are
inclined to restore all the leave he lost at the end of  FY03  to  his
current leave account.  Accordingly, we recommend that the applicant’s
records be corrected to show that 19 days of leave were added  to  his
leave account commencing 2 Oct 04.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that 19 days of leave were
added to his leave account commencing 2 Oct 04.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-00614 in Executive Session on 19 May 05, under the provisions  of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Marcia Jane Bachman, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 26 Jan 05, w/atchs.
     Exhibit B.  Letter, AFPC/DPFF, dated 22 Mar 05, w/atch.
     Exhibit C.  Letter, SAF/MRBR, dated 25 Mar 05.




                                   RICHARD A. PETERSON
                                   Panel Chair


AFBCMR BC-2005-00614




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 19 days of leave were
added to his leave account commencing 2 Oct 04.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2005 | BC-2005-00905

    Original file (BC-2005-00905.DOC) Auto-classification: Approved

    Therefore, it appears that the appropriate corrective action to be taken in this case would be to partially approve her request by restoring 5 days of leave to her leave account. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that five (5) days of annual leave were added to her leave account commencing 2 October 2004. MARILYN M....

  • AF | BCMR | CY2005 | bc-2005-00616

    Original file (bc-2005-00616.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPFF recommends the applicant’s request be partially approved; specifically, restore 14 days of leave lost at the end of FY04. As of this date, no response has been received by this office (Exhibit C). FREDERICK R. BEAMAN III Panel Chair AFBCMR BC-2005-00616 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military...

  • AF | BCMR | CY2005 | BC-2005-01888

    Original file (BC-2005-01888.doc) Auto-classification: Approved

    Applicant requests 60 days of leave be restored to his leave account and he be entitled to sell his leave upon his 1 May 2005 retirement. The Air Force has recommended restoring 60 days to the applicant’s leave account. In reviewing the applicant’s MMPA, DFAS determined, however, that the applicant’s account should have reflected 26.5 days of leave at the time of his retirement.

  • AF | BCMR | CY2007 | BC-2007-00526

    Original file (BC-2007-00526.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00526 INDEX CODE: 121.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 26 AUG 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: Fifteen (15) days of leave be restored to his leave account as of 2 Oct 06. He used 10 days of leave during FY05. ...

  • AF | BCMR | CY2004 | BC-2004-00274

    Original file (BC-2004-00274.doc) Auto-classification: Approved

    ___________________________________________________________________ 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 | CY2006 | BC-2006-01863

    Original file (BC-2006-01863.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 21 Jul 06 for review and comment within 30 days (Exhibit C). The Air Force contends the applicant could have used the remainder of his use/lose leave instead of PDRT during the 30 Jul to 30 Sep 03 period. Therefore, since FY06 is almost over and sufficient time must be allowed for processing, we recommend...

  • AF | BCMR | CY2002 | 0201835

    Original file (0201835.doc) Auto-classification: Approved

    His leave files indicate he brought 59 days of leave into FY00, earned 30 days of leave for FY00, and used 17 days that same FY (59+30=89; 89- 17=72). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSFM stated the applicant applied for restoration of this leave as Special Leave Accrual (SLA) through the PACAF/DP, who correctly disapproved his application as he is not entitled to SLA. Therefore, we agree with the recommendations of the Air...

  • AF | BCMR | CY2005 | BC-2005-00951

    Original file (BC-2005-00951.doc) Auto-classification: Approved

    DPFF notes AFI 36- 3003, Military Leave Program, para 10.9.7, and DoD Directive 1327.5, Leave and Liberty, para 6.9.3, states, in part, a member’s educational leave of absence is considered to be nonchargeable leave, the member shall be charged leave during scheduled school breaks unless he or she returns to duty with the unit of assignment during the break. Therefore, the applicant’s request to restore 18 days lost leave at the end of FY04 is not authorized for the period of time enrolled...

  • AF | BCMR | CY2006 | BC-2005-03943

    Original file (BC-2005-03943.doc) Auto-classification: Approved

    ___________________________________________________________________ APPLICANT CONTENDS THAT: He was unable to take 30 days leave during FY 05 due to AEF deployment, TDYs, exercises and upgrade training. AFI 36-3003, Military Leave Program, Note below Para 10.9.7, states, in part, that member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. A complete copy of the Air Force evaluation is at Exhibit...

  • AF | BCMR | CY2006 | BC-2006-01121

    Original file (BC-2006-01121.doc) Auto-classification: Approved

    According to information provided by the Air Force, the applicant actually lost 6 days (vice 18.5 days) of leave at the end of FY 05. While we note, the applicant has requested restoration of 18.5 days of leave, DPSO has indicated the applicant actually lost only 6 days of leave. NOVEL Panel Chair AFBCMR BC-2006-01121 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...