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
AF | BCMR | CY2006 | BC-2006-02358
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
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
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
_________________________________________________________________ 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
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
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
___________________________________________________________________ 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
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
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
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...