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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