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
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