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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