RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03268
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show that 15 days of leave he lost was
restored to his leave account.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He contends he lost 15 days of leave due to enrollment in two separate
formal pilot training courses, exceeding 10 months in length combined,
which would not authorize leave during training. He contends five
additional days of leave were cancelled at the end of the fiscal year
by his commander in order for him to attend a third pilot training
course.
In support of his appeal, the applicant has provided copies of his DD
Form 1610, Request and Authorization for TDY Travel of DOD Personnel,
an AF Form 973, Request and Authorization for Change of Administrative
Orders, an AF Form 899, Request and Authorization for Permanent Change
of Station, TDY orders and a leave balance summary.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant lost 15 days of leave at the end of fiscal year 2005 (FY05).
He carried forward 60 days of leave at the beginning of FY05. He
earned 30 days of leave during FY05. He used 15 days of leave during
FY05. He attended C-130E Qualification Training at Little Rock AFB,
AR from 26 October 2004 to 18 March 2005, MC-130H TALON Training at
Kirtland AFB, NM from 5 April 2005 to 24 August 2005, and Water
Survival School at Hurlburt Field, FL from 28 September 2005 to 1
October 2005.
AIR FORCE EVALUATION:
HQ AFPC/DPF recommends denial. DPF cites Air Force Instruction (AFI)
36-3003, Military Leave Program, wherein it is stated the member’s
application must clearly establish that an error or injustice by the
Air Force caused the member to lose leave. The Instruction further
recommends member’s be given the opportunity to take at least one
leave period of 14 consecutive days or more each FY and encourages
them to use the 30 days of leave they accrue each year. Based on the
length of time between temporary duties (TDY’s) from 24 August 2005 to
28 September 2005, and without any explanation, the applicant seems to
have had enough time to use his accrued leave but failed to do so. He
is encouraged to provide additional justification.
DPF’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
16 December 2005 for review and comment within 30 days. As of this
date, this office has received no 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. The Board is of the opinion the applicant is
ultimately responsible for the management of his leave account and, he
has not provided any supporting documentation showing the Air Force
had denied him the opportunity to take any leave. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2005-03268 in Executive Session on 16 February 2006, under the
provisions of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Donna Jonkoff, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Oct 05, w/atchs.
Exhibit B. Letter, HQ AFPC/DPF, dated 7 Dec 05.
Exhibit C. Letter, SAF/MRBR, dated 16 Dec 05.
MICHAEL J. MAGLIO
Panel Chair
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