RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-
00193
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 JULY 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
Seven days of lost leave be restored.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He lost leave as a direct result of being assigned to USCENTAF in
direct support of OPERATION Iraqi Freedom and OPERATION Enduring
Freedom from 25 Jun 05 until 30 Oct 05. He took leave when he
could during the following times; 29-31 Dec 04, 3-8 May 05, 7-11
Jul 05, 4-7 Aug 05, 16-18 Sep 05, but he could not take all of his
leave because of the OIF/OEF mission. He applied for restoration
of the leave under the 2005 Special Leave Accrual program, but he
was denied the relief by ACC.
Applicant’s complete submission is attached at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The Air Force indicated that the applicant lost 7 days of leave at
the end of FY 05. He carried forward 57 days of leave at the
beginning of FY 05. He earned 30 days of leave during FY 05. He
used 20 days of leave during FY 05.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPF reviewed this application and recommended denial.
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 the applicant had at least six months to
use the other seven days of accrued leave.
A complete copy of the Air Force evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response to the Air Force evaluation applicant provides a list
of dates that he was unable to use his leave. From Aug 04 to
31 May 05, he was in the AWC at Maxwell AFB; From 1-17 Jun, he
attended the Board President’s Class, followed by the Operational
Group Commander’s Course; From 20-24 Jun was his PCS move to Shaw
AFB; From 25-28 Jun he prepped for his Change of Command; and on
29 Jun he assumed command. His first opportunity for leave in
2005, was from 5-8 Jul. In July he deployed for two weeks and in
August he deployed to the AOR for three weeks. His plan to use the
remaining 7 days use or lose leave was scheduled for Sept 05,
however, his unit’s commitments in direct support of OIF and OEF,
precluded him from physically leaving the base or taking local
leave.
Applicant’s response is at 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice of
the applicant's complete submission in judging the merits of the
case. However, other than his own assertions, he has not provided
any evidence that he requested and was denied leave due to mission
requirements. We therefore 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. In
view of the foregoing, and in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the
relief sought in this application.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
___________________________________________________________________
The following members of the Board considered Docket Number BC-2006-
00193 in Executive Session on 22 March 2006, under the provisions
of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Rita J. Maldonado, Member
Ms. Glenda H. Scheiner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Dec 05.
Exhibit B. Letter, AFPC/DPF, dated 9 Feb 06.
Exhibit C. Letter, SAF/MRBR, dated 17 Feb 06.
Exhibit D. Letter, Applicant, dated 22 Feb 06, w/atch.
MICHAEL K. GALLOGLY
Panel Chair
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