Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-00326
Original file (BC-2006-00326.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00326
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 AUG 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Twelve and a half (12.5) days  of  leave  be  added  to  his  current  leave
balance.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In November 2005, he requested to have leave restored  through  the  Special
Leave Accrual (SLA) Mass call and it was disapproved.  This leave  was  lost
due to a 131-day deployment during the  fiscal  year  (FY),  workload  after
deployment, and exigencies of the service, officer personnel shortages,  and
unusual circumstances exacerbated  by  a  highly  active  hurricane  season.
These conditions prevented scheduling  or  necessitated  canceling  ordinary
leave.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended  active  duty  (EAD)  in  the
grade of lieutenant colonel (Lt Col) effective  and  with  a  date  of  rank
(DOR) of 1 December 1984.

The applicant lost 12.5 days of leave  at  the  end  of  FY05.   He  carried
forward 47.5 days of leave at the beginning of FY05.  He earned 30  days  of
leave and did not use any leave during FY05.

_________________________________________________________________





AIR FORCE EVALUATION:

AFPC/DPF recommended denial indicating the applicant states  he  lost  leave
due to a 131-day deployment in support of  Operation  Iraqi  Freedom  (OIF),
numerous deployments, and unit/other  commitments.   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.   After  reviewing  the
applicant’s case, they found he had an opportunity to  use  ordinary  leave;
however, he used his post-deployment recovery time  from  14-20  April  2005
and 1-5 May 2005.  Furthermore, the applicant  had  another  opportunity  to
use his accrued leave between 6 May 2005 and 11 June 2005.   Paragraph  10.1
states  in  part  members  are  ineligible   for   special   leave   accrual
consideration if they returned from deployment and had  the  opportunity  to
use leave but failed to do so.  Lost leave was not  an  error  or  injustice
caused by the Air Force.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 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 is timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or an  injustice.   The  applicant’s  contentions  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.  The applicant did not  use  any  leave  during  FY05.   It
appears he was deployed to Operation Iraqi Freedom from 24 November 2004  to
6 April 2005 and had other unit commitments during the FY.  The Board is  of
the opinion that the applicant had ample time in which to  use  his  accrued
leave during the contested time period.  When the  applicant  returned  from
deployment - he used  post-deployment  recovery  time  rather  than  accrued
leave from 14-20 April and  1-5  May  2005.   The  Board  notes  that  post-
deployment recovery time is not a valid reason  for  reinstatement  of  lost
leave when accrued leave could have been taken in its  place.   In  view  of
this, it is reasonable to assume that it was his personal choice not to  use
his accrued leave.  Therefore, 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-
00326 in Executive Session on 6 April 2006, under the provisions of AFI  36-
2603:


                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Mr. James L. Sommer, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 January 2006, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPF, 17 February 2006.
   Exhibit D.  Letter, SAF/MRBR, dated 3 March 2006, w/atch.




                       JAMES W. RUSSELL III
                       Panel Chair



Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-02358

    Original file (BC-2006-02358.doc) Auto-classification: Denied

    On 1 Sep 05, he showed his Leave and Earnings Statement (LES) to Finance; it reflected 20 days use/lose. According to HQ AFPC/DPSOO (Exhibit B), the applicant carried forward 69 days of leave at the beginning of Fiscal Year 2005 (FY05) (9 days of leave were previously restored via SLA). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its...

  • AF | BCMR | CY2006 | BC-2005-03806

    Original file (BC-2005-03806.doc) Auto-classification: Approved

    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. ___________________________________________________________________ AIR FORCE EVALUATION: HQ...

  • AF | BCMR | CY2006 | BC-2005-03070

    Original file (BC-2005-03070.doc) Auto-classification: Approved

    She earned 30 days of leave during FY05 and used 10 days. A complete copy of the evaluation, with attachments, is at Exhibit C. AFPC/DPF states, AFI 36-3003, Military Leave Program, para 10.9.7, states in part member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. Applicant requests that twenty (20) days of leave be restored to her leave account.

  • AF | BCMR | CY2006 | BC-2005-03494

    Original file (BC-2005-03494.doc) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: AFI 36-3003, Military Leave Program, states in part that a member who is not eligible for Special Leave Accrual (SLA) can request recovery of lost days, but a member’s application for lost leave must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. According to HQ AFPC/DPF (Exhibit B), the applicant lost 7 days of leave at the end of FY05 [1 Oct 04 - 30 Sep 05]....

  • AF | BCMR | CY2005 | BC-2004-03187

    Original file (BC-2004-03187.doc) Auto-classification: Denied

    The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPF recommends denial. DPF explains AFI 36-3003, Military Leave Program, note below para 10.9.7, states, in part, a member’s application must clearly establish that an error or injustice by the...

  • AF | BCMR | CY2006 | BC-2006-00177

    Original file (BC-2006-00177.doc) Auto-classification: Approved

    On 15 December 2005, the 509th MSS/DPM advised the applicant that his request for SLA was disapproved. _________________________________________________________________ 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. Based on the length of time prior to the deployment and the...

  • AF | BCMR | CY2006 | BC-2005-03943

    Original file (BC-2005-03943.doc) Auto-classification: Approved

    ___________________________________________________________________ APPLICANT CONTENDS THAT: He was unable to take 30 days leave during FY 05 due to AEF deployment, TDYs, exercises and upgrade training. 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. A complete copy of the Air Force evaluation is at Exhibit...

  • AF | BCMR | CY2005 | BC-2005-01888

    Original file (BC-2005-01888.doc) Auto-classification: Approved

    Applicant requests 60 days of leave be restored to his leave account and he be entitled to sell his leave upon his 1 May 2005 retirement. The Air Force has recommended restoring 60 days to the applicant’s leave account. In reviewing the applicant’s MMPA, DFAS determined, however, that the applicant’s account should have reflected 26.5 days of leave at the time of his retirement.

  • AF | BCMR | CY2006 | BC-2005-03511

    Original file (BC-2005-03511.doc) Auto-classification: Approved

    AFI 36-3003, para 4, Military Leave Program, 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 encourage them to use the 30 days of leave they accrue each year. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSFOC recommended restoration of 22 days of leave, stating, in part, that finance was correct in stating that as long as the applicant started his...

  • 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. Additionally, paragraph 4.1.4, Use of Leave, recommends that members be given the opportunity to take at least one leave period...