RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-
03943
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 31 JUNE 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
Four and one-half days of lost leave be restored.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to take 30 days leave during FY 05 due to AEF
deployment, TDYs, exercises and upgrade training. He was enrolled
in formal training (B-2 IQT) and unable to take leave between Sep
04 and Jan 05. He was deployed for 132 days (27 Apr to 5 Sep) as
part of AEF 5/6 to Anderson AFB in support of PACOM’s forward
bomber presence in the Pacific. Prior to his AEF rotation, the
squadron deployed to Nellis AFB (26 Feb through 12 Mar) in support
of Red Flag. In addition, his squadron participated in numerous
exercises and inspections during 2005: Nuclear Surety SAV (7-11
Feb 05), Global Lightning NORI (23-29 Oct 04), Nuclear Operational
Readiness Exercise (11-15 Apr 05), and a Nuclear Surety Exercise
(21-25 Mar 05).
He took 12 days of leave during 2005 (14-25 Mar). Because weather
postponed his B-2 checkride, his PCA into the squadron was delayed
and he was forced to cancel 16 days of previously planned leave in
Jan 05. The Anderson AFB deployment start date moved from 1 Jul to
1 May at the end of January forcing cancellation of 14 additional
days of previously scheduled leave. His squadron’s deployment to
Anderson AFB coupled with upgrade training, TDYs, multiple
exercises prevented his utilization of 30 days of leave.
In support of his request, he submits a copy of his Special Leave
Accrual Memo to the Squadron Commander, deployment orders, and a
travel voucher summary.
Applicant’s complete submission is attached at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The Air Force indicated that the applicant lost 4.5 days of leave
at the end of FY 05. He carried forward 46.5 days of leave at the
beginning of FY 05. He earned 30 days of leave during FY 05. He
used 12 days of leave during FY 05.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPF reviewed this application and recommended denial. They
stated, in part, that the lost leave was not an error or injustice
caused by the Air Force. AFI 36-3003, Military Leave Program, Note
below Para 10.9.7, states, in part, that 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 they accrue each year.
After reviewing the member’s case, they found he had an opportunity
to use ordinary leave during the Christmas holiday in 2004 and had
another opportunity to use leave following his return from his
deployment on 5 Sep 05.
A complete copy of the Air Force evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 Feb 06, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
reply has not been received (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 an error or injustice. After a
thorough review of the evidence of record and applicant’s
submission, we are of the opinion that relief is warranted in this
particular case. In this respect, we note the applicant was forced
to cancel scheduled leave due to an AEF deployment, multiple
exercises, and his upgrade training. Therefore, we recommend his
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 four and one-half
(4.5) days of leave were added to his leave account commencing
2 October 2005.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2005-03943 in Executive Session on 14 March 2006, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Richard K. Hartley, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Dec 05, w/atchs.
Exhibit B. Letter, AFPC/DPF, dated 2 Feb 06.
Exhibit C. Letter, SAF/MRBR, dated 10 Feb 06.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2005-03943
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 [APPLICANT], be corrected to show that four and
one-half (4.5) days were added to his leave account commencing 2
October 2005.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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