RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03494
INDEX CODE: 121.03
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 19 May 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Seven (7) days of leave lost during Fiscal Year 2005 (FY05) be
restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was deployed for a total of 53 days to MacDill AFB, FL, from 8 Sep
05 to 30 Oct 05. He was unable to use his excess leave before he
departed on his deployment due to pre-deployment
preparations/training, a Red Flag exercise and other mission-related
requirements. His deployment was cut short due to a change in manning
requirements.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
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. The AFI also recommends that members be given
the opportunity to take at least one leave period of 14 consecutive
days or more each fiscal year. Paragraph 4.1.4. notes that Congress
intended for members to use their leave as accruing and did not intend
for members to accrue large leave balances expressly for payment of
accrued 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]. He carried forward
60 days of leave at the beginning of FY05. He earned 30 days and used
23 days of leave during FY05.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPF cites AFI 36-3003 and recommends the appeal be denied
because it appears the applicant waited until the end of the fiscal
year to use all of his accrued leave. Therefore, the loss of leave
was not an error or injustice caused by the Air Force.
A complete copy of the evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant contends he used 18 days of leave by 1 May 05 and an
additional five days over a four-week period. He was unable to take
leave during July because he was preparing for his deployment to
MacDill and his squadron was unwilling to grant leave with the Red
Flag exercise approaching. He has deployed in past years with part of
a deployment in one fiscal year and finishing on the next fiscal year.
He has never had a problem receiving credit for lost leave days when
he was deployed. Therefore, he knew he would receive the lost seven
days when he returned from the MacDill deployment. However, through
no fault of his own, the deployment was cut short because he was not
required to stay the entire 120 days and he was able to return to
Nellis after 53 days. He could not go through normal channels to
receive the lost leave because he did not fill at least 60 days of the
deployment. If he had known he was not needed on the deployment after
53 days and would not be given the chance to recover the lost leave,
he would have pushed the issue with his squadron. His other option
would have been to ask permission to delay his deployment report date
after the Red Flag exercise so he could have used his last seven days
before 1 Oct 05.
A complete copy of applicant’s response is at Exhibit D.
_________________________________________________________________
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 to warrant granting the requested
relief. We are persuaded the applicant managed his leave properly but
was prevented from using the seven days in question due to various
mission requirements. Further, the unexpected curtailment of the
MacDill deployment may have prevented him from obtaining relief
through normal administrative channels. We therefore recommend his
records be corrected to show that seven days of leave were added to
his current leave account.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that seven (7) days of
leave were added to his current leave account.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 12 April 2006 under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Jean A. Reynolds, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR Docket Number BC-
2005-03494 was considered:
Exhibit A. DD Form 149, dated 9 Nov 05, w/atchs.
Exhibit B. Letter, HQ AFPC/DPF, dated 13 Dec 05.
Exhibit C. Letter, SAF/MRBR, dated 16 Dec 05.
Exhibit D. Letter, Applicant, dated 2 Jan 06.
KATHLEEN F. GRAHAM
Panel Chair
AFBCMR BC-2005-03494
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 XXXXXXX, XXXXXXX, be corrected to show that seven
(7) days of leave were added to his current leave account.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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