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AF | BCMR | CY2006 | BC-2006-01027
Original file (BC-2006-01027.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01027
            INDEX CODE:  121.03
      XXXXXXX          COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  6 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Eight (8) days of leave be added to his current leave balance.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told by the Hanscom 66th ABW orderly room  that  he  could  not  take
both PTDY for house hunting in conjunction with  leave  before  a  permanent
change of station (PCS)  to  Hanscom  AFB,  MA  to  Gunter  Annex,  AL.  The
personnel clerk did not understand AFI 36-3003,  para  12.3.6  on  page  45.
Therefore, he used personal leave for the entire trip instead  of  utilizing
his authorized house hunting time. If his leave record in  2005  is  viewed,
he did not utilize any PTDY for house hunting or otherwise.

In support of the application, the applicant  submits  a  copy  of  his  PCS
order,

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of major.

According to the member's leave account, he was  on  leave  from    11  July
2005 through 1 August 2005 (See Exhibit B).

The member started his travel 4 August 2005 and arrived at Maxwell  AFB,  AL
on 7 August 2005. `

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPSO recommends denial and states the  applicant  used  ordinary  leave
for his PCS move instead of authorized  permissive  TDY.  IAW  AFI  36-3003,
Table 7, Rule 1, the losing commander may approve up to 10 days  before  the
member signs out of the  unit.  According  to  the  member's  statement,  he
elected to take ordinary leave while enroute to his next  duty  location  in
an effort to secure off-base housing. AFI 36-3003, table 7,  Rule  2  states
that members are also authorized PTDY once they arrive  at  their  permanent
duty location and the commander may approve up to       8  days.  Since  the
applicant had the opportunity and did not sign in to his unit and apply  for
permissive TDY, there was no error or injustice caused  by  the  Air  Force.
The applicant also states that the  CSS  did  not  understand  para  12.3.6,
which states that the commander may  authorize  PTDY  with  ordinary  leave.
However, the CSS provided correct information to  the  applicant;  according
to para 12.3.11, unit commanders will "not authorize PTDY for house  hunting
enroute with PCS." The member was also contacted on 8 May  2006  to  provide
additional information to support his case;  however,  the  information  has
not been received by this office.

AFPC/DPSO’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 14 July 2006 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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 injustice.  The applicant’s  contentions  are  duly
noted; however,  the  Board  agrees  with  the  opinion  and  recommendation
provided by the Air Force and adopts its rationale  as  the  basis  for  our
conclusions that the applicant has not been the victim of  either  an  error
or an injustice.  In this respect, the Board notes that once  the  applicant
arrived at his permanent duty location and  signed  in,  the  commander  may
approve up to eight days permissive leave. It appears the applicant had  the
opportunity and did not sign in to his new unit  and  apply  for  permissive
TDY. Therefore, in the absence of evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

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 AFBCMR Docket Number  BC-2006-
01027 in Executive Session on 26 September 2006,  under  the  provisions  of
AFI 36-2603:

            Mr. James W. Russell III, Panel Chair
            Ms. Janet I. Hassan, Member
            Mr. Patrick C. Daugherty, Member

`The following documentary evidence pertaining  to  Docket  Number  BC-2006-
01027 was considered:

    Exhibit A.  DD Form 149, dated 30 Mar 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSO, dated 10 Jul 06.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Jul 06.





                                   JAMES W. RUSSELL III
                                   Panel Chair

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