RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00177
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Seventeen (17) days of leave be added to his current leave balance.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His request to reinstate 17 days of leave was not approved and did not  meet
the criteria for Special  Leave  Accrual  (SLA).   He  forecasted  leave  in
December 2005 [sic] and was unable to take leave due to  required  training.
He also  projected  leave  on  several  different  occasions  from  February
through July 2005 and was asked to reschedule due to  the  sections  manning
and deployment  commitments.   He  was  then  deployed  on  short  notice  -
temporary duty (TDY) to Anderson, AFB Guam.  He was deployed from  27  April
through 10 September 2005 in support of PACOM Bomber Forward Force,  AEF  8.
As with any deployment, his leave projections were cancelled.  Since he  did
not return from TDY until  10  September  2005  and  with  the  required  in
processing and allotted time off, he was only  able  to  take  two  days  of
leave  at  the  end  of  September,  with  the  new  fiscal  year  beginning
1 October.  Therefore, he lost the 17 remaining days of leave.  He  believes
the circumstance in which his leave was lost was  out  of  his  control  and
feels that the leave should be restored.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 3 December 1991, the applicant enlisted in the Regular Air Force  in  the
grade of airman basic.   He  continued  to  reenlist  contracting  his  last
enlistment on 8 December 2000.  He is currently  serving  in  the  grade  of
technical sergeant (TSgt) effective and with a  date  of  rank  (DOR)  of  1
October 2005.

The applicant was deployed to Anderson  AFB,  Guam,  from  27  April  to  10
September 2005.

The applicant lost 17 days of leave at the end of Fiscal Year 2005 (FY05).

On 2 November 2005, the applicant  requested  reinstatement  of  19 days  of
leave.

The Commander of the 509th Maintenance Squadron and  the  Commander  of  the
509th Maintenance Group indicated the applicant was deployed in  support  of
PACOM Bomber Forward Force, AEF 8 and approved of his request for SLA.

On 15 December 2005, the  509th  MSS/DPM  advised  the  applicant  that  his
request for SLA was  disapproved.   They  indicated  he  did  not  meet  the
criteria for SLA.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPF recommended denial indicating AFI 36-3003, Military Leave  Program,
note below paragraph 10.9.7, states in  part  a  member’s  application  must
clearly establish that an error or injustice by the  Air  Force  caused  the
member’s  lost  leave.   Additionally,  paragraph  4.1.4,  Use   of   Leave,
recommends that 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.  Based on  the  length  of  time
prior to the deployment and the applicant stating that  he  chose  time  off
after his deployment rather than use accrued leave, denial  of  his  request
to restore 17 days leave would be  appropriate.   The  applicant  had  ample
time to use accrued leave.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 February 2006, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________



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.  The applicant contends that he lost  17
days of leave due to short notice of a TDY  to  Anderson,  AFB,  Guam.   The
Board notes based on statements submitted with this appeal, it appears  that
the applicant did receive short notice (approximately 14  days)  before  the
TDY departure date.  Therefore, the  Board  is  of  the  opinion,  that  the
applicant did not have the opportunity to use his projected leave.  In  view
of the above finding, 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  seventeen  (17) days  of  leave  be
added to his current leave balance.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
00177 in Executive Session on 23 March 2006, under the provisions of AFI 36-
2603:

                 Mr. Michael J. Maglio, Panel Chair
                 Ms. Jan Mulligan, Member
                 Mr. Michael J. Novel, Member

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

   Exhibit A.  DD Form 149, dated 11 Jan 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPF, dated 9 Feb 06.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 06.




                 MICHAEL J. MAGLIO
                 Panel Chair




AFBCMR BC-2006-00177





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   , be corrected to show that seventeen (17) days of leave be
added to his current leave balance.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency