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AF | BCMR | CY2006 | BC-2005-03070
Original file (BC-2005-03070.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03070
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 April 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Twenty (20) days of leave be restored to her leave account.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When her leave account was adjusted it was done so it did not give her
a chance to take the leave.  She would like to sell the 20  days  back
upon her retirement.

In support of the appeal, applicant submits a copy of  her  Leave  and
Earning Statement.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant carried forward 60 days of leave  at  the  beginning  of
FY05.  She earned 30 days of leave during FY05 and used 10  days.   At
the end of the fiscal year she had lost 20 days of leave.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPF recommends denial.  On 31 October 2005, they sent a letter to
the applicant requesting  additional  information  and  they  did  not
receive a response.

A complete copy of the evaluation, with attachments, is at Exhibit C.

AFPC/DPF states, AFI 36-3003, Military  Leave  Program,  para  10.9.7,
states in part member’s application must  clearly  establish  that  an
error or injustice by the Air Force caused the  member’s  lost  leave.
Additionally, para 4.1.4, Use of Leave, recommends  members  be  given
the opportunity to take at least one leave period  of  14  consecutive
days or more each fiscal year (FY) and encourages them to use  the  30
days of leave they accrue each year.  The applicant’s  lost  leave  is
not due to an error  or  injustice  caused  by  the  Air  Force.   The
applicant requested leave on two occasions in 2003 and  cancelled  the
leave two years later which caused a Case Management System (CMS) case
to  be  submitted  to  DFAS  showing  the  trail   of   cancellations.
Furthermore, the applicant sent an E-mail to their office stating that
the leave was restored due to a hurricane evacuation; however, she did
not inform DPF that she was the initiator of  the  two  cancellations.
Additionally, she provides no  documentation  to  support  her  claim.
Therefore,  they  recommend  denial  of  applicant’s   request.    The
applicant failed to take the accrued leave in 2003 and 2004  that  she
requested and later cancelled which caused her to have  an  additional
20 days at the end of FY05.

A copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 March 2005, copies of the Air Force evaluations  were  forwarded
to the applicant for review and response within 30 days.  As  of  this
date, no response has been received by this office.

_________________________________________________________________

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.  Applicant requests  that  twenty
(20) days of leave  be  restored  to  her  leave  account.   Applicant
contends that when her leave account was adjusted it was  done  so  it
did not give her a chance to take the leave.  She would like  to  sell
the 20 days back upon her retirement.  Defense Finance and  Accounting
Service (DFAS-POCC/DE) conducted an audit  of  the  applicant’s  leave
account and found that  20  days  of  leave  could  be  added  to  the
applicant’s leave balance.  After thoroughly reviewing the applicant’s
submission along with the  evidence  of  record,  it  is  the  Board’s
opinion that corrective action is warranted in this case.   Therefore,
it is the Board’s opinion that her  records  should  be  corrected  as
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 twenty (20)  days  of
leave were added to her current leave balance.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-03070 in Executive Session on 9 May  2006  and  23 October  2006,
under the provisions of AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Mary C. Puckett, Member
                       Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Oct 05, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPF, dated 8 Jan 06, w/atchs.
      Exhibit D. Letter, AFPC/DPF, dated 12 Mar 06.
      Exhibit E. Letter, SAF/MRBR, dated 17 Mar 06.




                             JAMES W. RUSSELL III
                             Panel Chair







AFBCMR BC-2005-03070





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 twenty (20)
days  of leave were added to her current leave balance.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency




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