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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