RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03371
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 May 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
Six (6) days of leave be restored to his current leave balance.
________________________________________________________________
APPLICANT CONTENDS THAT:
He lost 6 days of leave due to temporary duty (TDY) requirements.
He was in a two-year Air Force Institute of Technology (AFIT) sponsored
post-doctoral fellowship from 4 August 2003 to 29 July 2005 and his leave
was limited to ensure he accrued the necessary hours of specialty
certification. He was assigned Permanent Change of Station (PCS) to Wright-
Patterson AFB in August 2005, he reported to duty as soon as possible to
ensure psychology residents did not miss out on training. For this and
clinic manning reasons, he did not take extended leave in conjunction with
his PCS.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on active duty in the grade of captain.
From 4 August 2003 to 29 July 2005, he participated in an AFIR sponsored
post-doctoral fellowship in neuropsychology at the National Rehabilitation
Hospital in Washington, DC. The applicant carried forward 54 days of leave
at the beginning of Fiscal Year 2005 (FY05). He earned 30 days of leave
during FY05 and used 18 days, resulting in a balance of 66 days of leave.
Since a member can only carry forward a maximum of 60 days leave into the
next fiscal year, he lost 6 days of leave at the end of Fiscal Year 2005
(FY05) leave balancing.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPF recommends the application be denied, and states, in part, that
the loss of leave was not an error or injustice caused by the Air Force.
The applicant decided to report for duty at Wright-Patterson AFB instead of
using his accrued leave, resulting in his loss of 6 days of leave at the
end of FY05.
The AFPC/DPF evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 16
December 2005, for review and comment, within 30 days. However, 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. 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 their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
________________________________________________________________
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 Docket Number BC-2005-03371
in Executive Session on 24 January 2006, under the provisions of AFI 36-
2603:
Ms. Marilyn M. Thomas, Vice Chair
Mr. Vance E. Lineberger, Member
Mr. Jay H. Jordan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Oct 05, w/atchs.
Exhibit B. Letter, AFPC/DPF, dated 7 Dec 05, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 16 Dec 05.
MARILYN M. THOMAS
Vice Chair
AF | BCMR | CY2006 | BC-2005-03494
_________________________________________________________________ STATEMENT OF FACTS: AFI 36-3003, Military Leave Program, states in part that a member who is not eligible for Special Leave Accrual (SLA) can request recovery of lost days, but a member’s application for lost leave must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. According to HQ AFPC/DPF (Exhibit B), the applicant lost 7 days of leave at the end of FY05 [1 Oct 04 - 30 Sep 05]....
AF | BCMR | CY2006 | BC-2005-03806
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03806 INDEX CODE: 121.03 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 JUN 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: Six (6) days of leave be restored to his leave account as of 2 Oct 05. ___________________________________________________________________ AIR FORCE EVALUATION: HQ...
AF | BCMR | CY2006 | BC-2005-03511
AFI 36-3003, para 4, Military Leave Program, Use of Leave, recommends members be given the opportunity to take at least one leave period of 14 consecutive days or more each FY and encourage them to use the 30 days of leave they accrue each year. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSFOC recommended restoration of 22 days of leave, stating, in part, that finance was correct in stating that as long as the applicant started his...
AF | BCMR | CY2006 | BC-2005-03268
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...
AF | BCMR | CY2006 | BC-2006-00815
He used six days of leave during FY05. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPF recommends partial relief by restoring 17 days of leave. They recommend 17 days of leave be restored because the applicant returned in time from his short-notice deployment to take seven days of leave before FY05 ended.
AF | BCMR | CY2005 | BC-2005-01888
Applicant requests 60 days of leave be restored to his leave account and he be entitled to sell his leave upon his 1 May 2005 retirement. The Air Force has recommended restoring 60 days to the applicant’s leave account. In reviewing the applicant’s MMPA, DFAS determined, however, that the applicant’s account should have reflected 26.5 days of leave at the time of his retirement.
AF | BCMR | CY2006 | BC-2005-03070
She earned 30 days of leave during FY05 and used 10 days. 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. Applicant requests that twenty (20) days of leave be restored to her leave account.
AF | BCMR | CY2006 | BC-2006-00203
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00203 INDEX CODE: 108.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 23 JUL 07 _________________________________________________________________ APPLICANT REQUESTS THAT: Nine (9) days of leave be added to his current leave balance. Additionally, paragraph 4.1.4, Use of Leave, recommends that members be given the opportunity to take at least one leave period...
AF | BCMR | CY2006 | BC-2006-00326
AFI 36-3003, Military Leave Program, note below paragraph 10.9.7, states in part a member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. The applicant did not use any leave during FY05. The Board notes that post- deployment recovery time is not a valid reason for reinstatement of lost leave when accrued leave could have been taken in its place.
AF | BCMR | CY2006 | BC-2006-01122
The Board took notice of the applicant's complete submission in judging the merits of the case; however, the majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopts the OPR’s rationale as the basis for its conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds...