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AF | BCMR | CY2006 | BC-2005-03510
Original file (BC-2005-03510.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03510
            INDEX CODE:  121.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  20 MAY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 5 days of lost leave for Fiscal Year (FY) 05 be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was deployed from Sep 04 to Feb 05 and was unable to  take  leave  during
this time frame.  Since his return, he used  leave  in  Feb  and  Jun  which
caused his combat zone leave carryover to decrease from 71.5 to  62.5.   Due
to mission requirements and his  command  position,  taking  extended  leave
would not have been very prudent.  He concludes the  Air  Force  Instruction
(AFI) 36-3003 does not address that taking leave early when  returning  from
deployment would decrease his combat zone leave balance.

In support  of  the  application,  the  applicant  submits  a  copy  of  his
deployment orders and his Leave and Earnings Statement (LES).

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  is  currently  serving  on  active  duty  in  the  grade  of
lieutenant colonel.  According to information  provided  by  the  Air  Force
office of primary responsibility, the applicant lost 5 days of leave at  the
end of FY 05.  He carried forward 58.5 days of leave at the beginning of  FY
05.  He earned 30 days of leave during FY 05.  He  used  21  days  of  leave
during FY 05.  He was deployed from Sep 04 – Feb 05 and was unable  to  take
his accrued leave during that time.  Due to deployment,  he  was  authorized
to carry over 2.5 days of accrued leave.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPF recommends denial.  DPF  affirms  AFI  36-3003,  Military  Leave
Program, note below 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 FY and encourages them to use the 30  days  of
leave they accrue each year.  DPF points out the  applicant  took  leave  in
February and June, but decided  that  taking  leave  during  the  months  of
August  and  September  was  not  prudent  due  to   mission   requirements;
therefore, the loss of leave was not an error or  injustice  caused  by  the
Air Force.

DPF’s 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.  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 probable error or injustice.  The applicant’s  contentions  are
duly  noted;  however,  we  do  not  find  his   uncorroborated   assertions
sufficiently persuasive to  override  the  rationale  provided  by  the  Air
Force.  Therefore, 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.  In the absence of persuasive evidence  to  the  contrary,  we
find no 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  AFBMCR  BC-2005-03510  in
Executive Session on 10 May 2006 under the provisions of AFI 36-2603:

      Mr. Michael V. Barbino, Panel Chair
            Mr. Wallace F. Beard Jr., Member
      Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  HQ AFPC/DPF Letter, dated 13 Dec 05.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Dec 05.




                                   MICHAEL V. BARBINO
                                   Panel Chair

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