Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-03806
Original file (BC-2005-03806.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03806
            INDEX CODE:  121.03

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  17 JUN 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

Six (6) days of leave be  restored  to  his  leave  account  as  of
2 Oct 05.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was planning to carry-forward over 60 days of  leave  to  Fiscal
Year (FY) 2006 so that when he separated on 9 Jun 06, he would have
as many days of terminal leave as possible.  In doing  so,  he  was
aware that he would have to burn six days  of  use  or  lose  leave
prior to 1 Oct 05.   Unfortunately,  in  Jun  05,  his  spouse  was
severely injured  while  deployed  to  Iraq  and  was  in  critical
condition.  He was immediately placed on  Emergency  Family  Member
Travel (EFMT) Orders to be by her side.

Her road to recovery took over five months and  he  was  unable  to
take his use or lose leave during those days while  supporting  his
spouse.

In support of his appeal, applicant provided a  personal  statement
and related email correspondence.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Based  on  information  from  the  Air  Force,  applicant’s  Master
Military Pay Account (MMPA) reflects he lost six days of  leave  at
the end of FY05 (30 Sep 05).  He carried forward 57 days  of  leave
at the beginning of FY05, earned 30 days and used 21 days.  He  was
unable to use all  of  his  accrued  leave  due  to  an  unforeseen
emergency.  He was placed on EFMT orders from 25  Jun  –  9 Nov 05,
when his spouse was severely injured in Iraq.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPF  reviewed  this  application  and  recommended  denial,
stating in part, member’s application must clearly  establish  that
an error or injustice by the Air Force  caused  the  member’s  lost
leave.  After reviewing, the applicant’s case, they found no  error
or injustice by the Air Force causing the applicant to lose  leave.
The  Air  Force  went  above  and  beyond  by  approving  requested
exception to policy  to  allow  the  applicant  to  use  permissive
temporary duty (PTDY) orders to remain with  his  wife  after  EFMT
orders had expired.  Restoring ordinary leave  is  not  appropriate
after approval of an exception  to  policy  prevented  the  use  of
ordinary leave.

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 27 Jan 06 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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  Applicant requests  six  days
of leave be restored to his leave account as of 2 Oct 05.  The  Air
Force has  recommended  denying  the  applicant’s  request.   After
careful review of the applicant’s records, we found no evidence  of
error or injustice by the Air Force causing the applicant  to  lose
leave.  Nonetheless, we note the applicant was planning to take the
use or lose leave prior to the end of FY05, however, because of his
spouse being critically injured in Iraq; he was unable to take  the
leave he had earned prior to the fiscal year ending.  We  found  no
evidence the applicant tried to defraud the Air Force  in  any  way
and  we  believe  based  on  the  totality  of  the   circumstances
surrounding the applicant’s  case  that  some  form  of  relief  is
warranted.  Therefore, to preclude any possibility of an  injustice
to the applicant, we recommend the applicant’s records be corrected
to the extent indicated below.

___________________________________________________________________


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that six  (6)  days  of
leave were added to his leave account commencing 2 October 2005.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-03806 in Executive Session  on  2  March  2006,  under  the
provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Mr. James L. Sommer, Member
      Ms. Jean A. Reynolds, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 5 Dec 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPF, dated 18 Jan 06.
     Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 06.




                                   MARILYN M. THOMAS
                                   Vice Chair



AFBCMR BC-2005-03806




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that six
(6) days of leave were added to his leave account commencing 2
October 2005.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-00815

    Original file (BC-2006-00815.doc) Auto-classification: Approved

    He used six days of leave during FY05. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPF recommends partial relief by restoring 17 days of leave. They recommend 17 days of leave be restored because the applicant returned in time from his short-notice deployment to take seven days of leave before FY05 ended.

  • AF | BCMR | CY2006 | BC-2005-03511

    Original file (BC-2005-03511.doc) Auto-classification: Approved

    AFI 36-3003, para 4, Military Leave Program, 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 encourage them to use the 30 days of leave they accrue each year. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSFOC recommended restoration of 22 days of leave, stating, in part, that finance was correct in stating that as long as the applicant started his...

  • AF | BCMR | CY2006 | BC-2005-03371

    Original file (BC-2005-03371.DOC) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPF recommends the application be denied, and states, in part, that the loss of leave was not an error or injustice caused by the Air Force. The applicant decided to report for duty at Wright-Patterson AFB instead of using his accrued leave, resulting in his loss of 6 days of leave at the end of FY05. We took notice of the applicant's complete submission in judging the merits of the case; however,...

  • AF | BCMR | CY2006 | BC-2005-03494

    Original file (BC-2005-03494.doc) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: AFI 36-3003, Military Leave Program, states in part that a member who is not eligible for Special Leave Accrual (SLA) can request recovery of lost days, but a member’s application for lost leave must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. According to HQ AFPC/DPF (Exhibit B), the applicant lost 7 days of leave at the end of FY05 [1 Oct 04 - 30 Sep 05]....

  • AF | BCMR | CY2006 | BC-2006-02358

    Original file (BC-2006-02358.doc) Auto-classification: Denied

    On 1 Sep 05, he showed his Leave and Earnings Statement (LES) to Finance; it reflected 20 days use/lose. According to HQ AFPC/DPSOO (Exhibit B), the applicant carried forward 69 days of leave at the beginning of Fiscal Year 2005 (FY05) (9 days of leave were previously restored via SLA). 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 its...

  • AF | BCMR | CY2007 | BC-2007-01568

    Original file (BC-2007-01568.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01568 INDEX CODE: 121.00 XXXXXXX XXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 19 NOV 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: Twenty-nine (29) days of leave be restored to his leave account as of 2 Oct 07. Applicant’s LES shows he lost 29 days of leave; however, after a thorough review and leave...

  • AF | BCMR | CY2006 | BC-2005-03268

    Original file (BC-2005-03268.doc) Auto-classification: Denied

    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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The Board is of the opinion the applicant is ultimately responsible for the management of his leave account and, he has not provided any supporting documentation showing the Air...

  • AF | BCMR | CY2007 | BC-2007-00526

    Original file (BC-2007-00526.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00526 INDEX CODE: 121.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 26 AUG 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: Fifteen (15) days of leave be restored to his leave account as of 2 Oct 06. He used 10 days of leave during FY05. ...

  • AF | BCMR | CY2006 | BC-2005-03070

    Original file (BC-2005-03070.doc) Auto-classification: Approved

    She earned 30 days of leave during FY05 and used 10 days. A complete copy of the evaluation, with attachments, is at Exhibit C. AFPC/DPF states, AFI 36-3003, Military Leave Program, 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. Applicant requests that twenty (20) days of leave be restored to her leave account.

  • AF | BCMR | CY2006 | BC-2006-00496

    Original file (BC-2006-00496.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPF recommends denial because the applicant was not representing the Air Force in a DOD-sanctioned event or role. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 31 Mar 06 for review and comment within 30 days (Exhibit C). Had there been sufficient time for...