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AF | BCMR | CY2005 | bc-2005-00616
Original file (bc-2005-00616.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00616
            INDEX CODE:  121.00, 121.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  22 AUGUST 2006

_________________________________________________________________

APPLICANT REQUESTS:

Restoration of 48 days of leave lost over the past three years [FY02 -
22.5 days lost; FY03 - 11.5 days lost; and, FY04 - 14 days lost].

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was unable to utilize the leave he had  accumulated  due  to  daily
demands and operational requirements  at  the  Numbered  Air  Force/US
Central Command Air Forces  Headquarters  in  planning  and  executing
Operation  Enduring  Freedom  and  Operation  Iraqi  Freedom  from  11
September 2001 to Present.  Only a  portion  of  the  leave  lost  was
restored under Special Leave Accrual (SLA) procedures.

In support of his request, the applicant submits a personal statement,
a statement from the Numbered Director of Staff,  Leave  and  Earnings
Statements and additional documents associated with the  issues  cited
in  his  contentions.   The  applicant’s  complete  submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
27 May 1980.  He is currently serving on active duty in the  grade  of
colonel, with an effective date and date of rank of 1 April 1998.

_________________________________________________________________

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.   DPFF
states that, although the applicant  provided  a  letter  of  support,
after reviewing the events outlined  in  the  leave  summary  and  the
maximum allowable leave carry-over by  law  during  each  fiscal  year
(FY), the applicant is not entitled to the full restoration  of  leave
lost during FY02 - FY03, with the exception of the 14 days lost at the
end of FY04.  The HQ 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  29
April 2005 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.   After  reviewing  the  applicant’s
submission and the evidence of record,  we  are  persuaded  that  some
relief is warranted.  In this respect, we are in  agreement  with  the
opinion and recommendation of the appropriate Air Force  office  that,
based on the leave summary and the law covering the maximum  allowable
leave  carry-over,  the  applicant  is  not  entitled  to   the   full
restoration of the requested leave.  In  view  of  the  foregoing,  we
recommend the applicant’s 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  14  days  of  annual
leave were added to his leave account commencing 2 October 2004.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 June 2005, under the  provisions  of  AFI  36-
2603:

                  Mr. Frederick R. Beaman III, Panel Chair
                  Mr. James W. Russell III, Member
              Ms. B. J. White-Olson, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2005-00616.

   Exhibit A.  DD Form 149, dated 15 Feb 05, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPFF, dated 28 Apr 05.
   Exhibit C.  Letter, SAF/MRBR, dated 29 Apr 05.




                                   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 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 APPLICANT be corrected to show that 14 days of
annual leave were added to his leave account commencing 2 October
2004.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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