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AF | BCMR | CY2005 | BC-2005-00951
Original file (BC-2005-00951.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00951
            INDEX CODE:  121.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY DUE DATE:  20 SEPTEMBER 2006
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her 18 days of lost leave for Fiscal Year (FY) 04 be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was enrolled in  the  Air  Force  Educational  Leave  of  Absence  (ELA)
program from 24 May 2004 through  17  December  2004.   She  was  unable  to
utilize the nonchargeable leave  within  that  period.   She  is  no  longer
enrolled in the program and is able to use her leave.

In support of her request, applicant provides a  copy  of  her  ELA  request
with associated documents.  The applicant's 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 2  August
2000 and a Date of Separation of 3 July 2008.  She is currently  serving  on
active duty in the grade of staff sergeant.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPFF recommends eight days of leave be restored.  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.   Additionally,  the
carryover of leave that exceeds 60 days at the end of the  fiscal  year  may
not be authorized.  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 in the ELA program  from  1  June  04  through  30  September  2004
totaling 10 days leave.  However, DPFF states, the applicant is entitled  to
the restoration of 8 days of leave  earned  prior  to  1  June  2004.    The
AFPC/DPFF evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 April 2005, a copy of  the  Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a response.

_________________________________________________________________

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 an error or injustice warranting some corrective  action.   The
applicant  contends  that  because  she  was  enrolled  in  the  Air   Force
Educational Leave of Absence Program from 24 May 2004  through  17  December
2004, she was unable to utilize the nonchargeable leave within that  period.
 She requests that 18 days of  leave  be  restored  to  her  leave  account.
However,  the  Air  Force  has  indicated  that  although  the   applicant’s
educational leave of absence is considered to be  nonchargeable  leave,  the
applicant should be charged leave during scheduled school breaks unless  she
returned  to  duty  with  the  unit  of   assignment   during   the   break.
Additionally, the carryover of leave that exceeds 60 days at the end of  the
fiscal  year  may  not  be  authorized.   We  have  noted  the  Air  Force’s
assessment of the applicant’s case and the recommendation  that  restoration
of eight days of leave would be appropriate.  We have received  no  evidence
from the applicant refuting the Air Force's evaluation or  showing  she  was
misadvised in any way.  In the absence of  such  evidence,  her  records  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that eight (8) days of annual  leave  were
added to her leave account commencing 2 October 2004.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
00951 in Executive Session on 14 June 2005 under the provisions of  AFI  37-
2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Patricia R. Collins, Panel Member
            Mr. Vance E. Lineberger, Panel Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 10 Mar 05, w/atchs.
      Exhibit B.  Letter, AFPC/DPFF, dated 12 Apr 05.
      Exhibit C.  Letter, SAF/MRBR, dated 15 Apr 05.





      MICHAEL J. NOVEL
      Panel Chair


AFBCMR BC-2005-00951




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 XXXXXXXXXXXXXXXXXXXXX, be corrected to show that eight (8) days
of annual leave were added to her leave account commencing 2 October 2004.







     JOE G. LINEBERGER

     Director

Air Force Review Boards Agency


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