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AF | BCMR | CY2006 | BC-2006-00203
Original file (BC-2006-00203.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00203
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Nine (9) days of leave be added to his current leave balance.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He supported two combat operations  -  Operation  Iraqi  Freedom  (OIF)  and
Operation Enduring Freedom (OEF) during 18 July 2005  through  31  September
2005 and was unable to use leave.  He further indicates that he  planned  on
taking two weeks of leave in August 2005 for family  vacation;  however,  he
was unable due to the high operations tempo (OPSTEMPO).

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major effective and with a date of rank (DOR) of 1 May 2002.

The applicant lost nine days of  leave  at  the  end  of  Fiscal  Year  2005
(FY05).  He carried forward 56 days of leave at the beginning of  FY05.   He
earned 30 days of leave and used 17 days of leave during FY05.

The commander of the 15th Reconnaissance Squadron (ACC) indicated  that  the
applicant was unable to take leave during the  time  in  question  (18  July
through September 2005) due  to  direct  support  of  combat  operations  to
OIF/OEF.  The high OPSTEMPO the 15 RS  regularly  experienced,  particularly
during this  period,  curtailed  any  opportunities  for  the  applicant  to
utilize his leave.

_________________________________________________________________

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.   The  applicant’s  unit
commander, 15 RS/CC, provided supporting documentation  verifying  that  the
applicant was unable to use the accrued leave by the end of FY05.

Supporting documentation along with the applicant’s  request  reflect  local
OPSTEMPO that many wings are experiencing across the Air Force and  are  not
the result of an injustice created by the Air Force.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 March 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or an injustice.  The applicant’s contentions and  the
supporting documentation from his commander are  duly  noted;  however,  the
Board agrees with the opinion and recommendation provided by the  Air  Force
and adopt its rationale as the basis for our conclusions that the  applicant
has not been the victim of either an error or an injustice.  It appears  due
to direct combat support (home station) of OIF and  OEF  the  applicant  was
unable to use leave during 18 July through  31 September  2005.   The  Board
notes the applicant carried forward 56 days of leave  at  the  beginning  of
FY05, earned 30 days of leave, and used 17 days of leave during  FY05.   The
Board is of the opinion that the applicant had ample time in  which  to  use
his accrued leave prior to the contested  time  period.   The  circumstances
surrounding his case are unfortunate; however, within  the  Air  Force  many
wings are experiencing high OPSTEMPO.  In view of  the  above,  and  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2006-
00203 in Executive Session on 11 May 2006, under the provisions of  AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Donna Jonkoff, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Dec 05.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPF, dated 28 Mar 06, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 31 Mar 06, w/atch.




                 CHARLENE M. BRADLEY
                 Panel Chair

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