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AF | BCMR | CY2006 | BC-2005-03548
Original file (BC-2005-03548.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03548
            INDEX CODE:  121.03

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  25 MAY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

Ninety (90) days of leave be restored to his leave  account  as  of
1 Oct 05.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The time he served as a  cadet  at  the  United  States  Air  Force
Academy (USAFA) counts as time in service for enlisted active  duty
time per AFR 36-2604, Note 12.  Applicant was a cadet at the  USAFA
from Jun 00 – Jun 04.  Since academy time  is  credited  as  active
duty enlisted time, he should have been earning leave  during  that
period.  He did not take any leave until after  his  completion  of
tech school in May/Jun 05.

Applicant’s complete submission is at Exhibit A.
___________________________________________________________________

STATEMENT OF FACTS:

Based on information obtained from the Air Force, and the  Military
Personnel Data System (MILPDS); applicant was a cadet at the  USAFA
from 1 Jul 00 – 1 Jun 04.  His status from 9 Jun 04 – 4 May 05  was
Leave without Pay (LWOP).  His Pay date is 29  Jun  00;  his  Total
Years Service Date (TYSD) is 2 Jun 04, with a  Date  of  Separation
(DOS) of 4 Apr 07.

Applicant accrued 11.5  days  of  leave  from  15  May  05  through
30 Sep 05.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPF  reviewed  this  application  and  recommended  denial,
stating, in part, AFI 36-3003, Military Leave Program, para 10.9.7,
states member’s application must clearly establish that an error or
injustice by the Air  Force  caused  the  applicant’s  lost  leave.
Additionally, cadets are not entitled to accrue leave.

Applicant was a cadet at the USAFA from 1  Jun  00  to  1  Jun  04.
Department of Defense  Financial  Management  Regulation  (DODFMR),
Vol. 7A, Settlement for Unused Accrued  Leave,  states  cadets  and
midshipmen are not  entitled  to  lump  sum  leave  benefits.   The
applicant did not graduate from the USAFA.  The AF IMT 899, Request
and Authorization for Permanent Change of  Station-Military,  dated
4 May 05, reflects the applicant was relieved from  the  USAFA  and
assigned to  Laughlin  AFB  TX  in  the  grade  of  senior  airman.
Applicant accrued 11.5 leave days beginning 15 May 05 – 30 Sep 05.

A complete copy of the 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 23 Dec 05 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (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.  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 AFBCMR Docket  Number
BC-2005-03548 in Executive Session on 14 February 2006,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Nov 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPF, dated 19 Dec 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Dec 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

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