RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03733
            INDEX CODE:  121.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  10 MARCH 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He originally requested 19 days of lost leave for Fiscal  Year  (FY)  05  be
restored; however, by amendment in his rebuttal  statement  at  Exhibit  E.,
the applicant now requests 5 days of lost leave for FY 05 be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His leave was scheduled to be  used  through  the  summer  months  of  2005,
however the unit that he was assigned to was ordered  to  bug-out  of  their
building  so  that  contractors  could  start  immediate  upgrades  to   the
facility.  He was constantly told he could not take  leave  due  to  manning
issues.  He started out-processing in Aug  05  for  a  permanent  change  of
station (PCS) in Sep 05 and was unable to use the leave during that period.

In support of the application, the applicant submits a  copy  of  his  Leave
and Earnings Statement (LES) and a support letter from his commander.

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  master
sergeant.  According to the information provided by the  office  of  primary
responsibility, the applicant lost 5 days of leave at the end of FY 05.   He
carried forward 60 days of leave at the beginning of FY 05.   He  earned  30
days of leave during FY 05.  He used 25 days of leave  during  FY  05.   His
unit was heavily  involved  in  a  5-month  Air  Operations  Center  upgrade
project.

_________________________________________________________________


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.  DPF  points  out  enough  time  was  available  from  the  date  the
applicant arrived at his new duty station (16 Sep 05) until 30 Sep  05  (end
of the FY) to take 5 days use/lose leave.  DPF concludes lost 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:

In his rebuttal dated 10 February  2006,  the  applicant  states  the  leave
website was having problems tracking leave and he never knew for  sure  what
his lost leave balance was until he arrived at his new station.

He refutes DPF’s claim that he had time to use the 5 days  during  the  time
frame of 16-30 Sep 05.  He arrived at his new base on 16 Sep 05, went  house
hunting for 8 days (until 27 Sep 05), and therefore, did not  have  time  to
use the leave as suggested (Exhibit E)

_________________________________________________________________

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  Board  majority  is  not
persuaded  by  the  evidence  presented  that  the  applicant  suffered   an
injustice.  We took notice of his complete submission; however, in the  view
of the majority,  it  does  not  override  the  opinion  and  recommendation
provided by the Air Force office of primary  responsibility  (HQ  AFPC/DPF).
Therefore, based on the available evidence of  record,  the  Board  majority
finds no basis upon which to favorably consider this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered  in  AFBCMR  BC-2005-03733  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

By a majority vote, the members voted to deny the request.   Ms. Barbara  R.
Murray voted to correct the record and did not desire to submit  a  minority
report.  The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 21 Nov 05, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPF, dated 13 Jan 06.
      Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 06.
      Exhibit E.  Applicant’s Rebuttal, dated 10 Feb 06.



            MICHAEL V. BABINO
            Panel Chair

MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
      CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM:  SAF/MR

SUBJECT:  AFBCMR Case on Kevin L. Koontz, 272-46-7985

      I have carefully reviewed this case and agree with the minority
member that there is sufficient evidence of either an error or an
injustice warranting approval of the applicant’s amended request that his
five days of lost leave for Fiscal Year (FY) 05 be restored.

      The applicant attempted to use his leave; however, due to unit
renovations and immediate upgrades to his work facility, he was
continually denied leave because of manning issues.  He subsequently
began outprocessing for a permanent change of station and was again
unable to use his leave.

      In a memorandum dated 4 January 2006, the applicant’s commander
concurred with the reasons provided by the applicant regarding his lost
leave.  Therefore, having no basis to question the integrity of his
commander, equity dictates the benefit of any doubt be resolved in favor
of the applicant by granting his amended request.




                 JOE G. LINEBERGER
                 Director
                 Air Force Review Boards Agency


AFBCMR BC-2005-03733






MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States Code and
Air Force Instruction 3602603, and having assured compliance with the
provisions of the above regulations, the decision of the Air Force Board
for Correction of Military Records is announced, and it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected by adding five (5) days of annual leave
to his leave account commencing 2 October 2005.




                 JOE G. LINEBERGER
                 Director
                 Air Force Review Boards Agency