RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-
01037
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 03 OCTOBER 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
Twenty (20) days of lost leave be restored.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Initially, he sold 10 days of leave when submitting his extension
for retirement on 18 Aug 05. The document was not forwarded to
appropriate agencies prior to FY 06 which resulted in 10 days of
leave being lost. His effective date of extension was 2 Jan 06.
An additional 10 days were later withdrawn from his leave balance
as reflected on his Jan 06 Leave and Earnings Statement (LES). No
leave was taken, no payment allotted, nor was a leave request
submitted for the additional 10 days to be removed from his leave
balance as seen on his Jan 06 LES.
In support of his request, he submits a copy of his Extension or
Cancellation of Extension of Enlistment in the Regular Air
Force/Air Force Reserve, copies of his LESs, his Retirement Action
Notification Memo and an Extension Worksheet.
Applicant’s complete submission is attached at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The Air Force indicated that the applicant lost 10 days of leave at
the end of FY 05. He carried forward 60 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.
The applicant applied for an extension of enlistment in Aug 05 for
the purpose of retirement and elected to sell 10.5 days of accrued
leave. The delay between the time the applicant applied for the
extension of enlistment (Aug 05) and the time he entered the
extension (Jan 06) caused him to lose the leave in FY 05. Had the
applicant been informed that the leave would not be paid until he
entered the extension he would have used the leave in FY 05. The
applicant’s intention was to sell the 10 days accrued leave earned
in FY 05. Instead, the applicant lost the 10 days accrued leave in
FY 05 and was paid for 10 days leave in FY 06.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO reviewed this application and recommended partial
relief, to restore only 10 days of leave. 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 consulting with the applicant’s
MPF, it was stated that the Airman who processed the applicant’s
request was not appropriately trained to inform the applicant that
he would not be able to sell the use/lose leave from FY 05.
Although the applicant is requesting 20 days restoration, after
further review, they found that he was paid 10 days upon entering
his extension. Therefore, he is only entitled to a total
restoration of 10 days accrued leave.
A complete copy of the Air Force evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 12 May 06, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
reply has not been received (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. Sufficient relevant evidence has been presented to demonstrate
the existence of an error regarding applicant’s leave, but we agree
with DPSO regarding the amount of leave that should be restored.
While we note, the applicant has requested restoration of 20 days
of leave, DPSO has indicated the applicant was paid for 10.5 days
of leave upon entering his extension. In this respect, we agree
with DPSO that only 10 days of leave should be restored.
Accordingly, we recommend that the records be corrected to the
extent indicated below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that ten (10) days of
leave were added to his leave account commencing 2 October 2005.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2006-01037 in Executive Session on 20 June 2006, under the
provisions of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Mary C. Puckett, Member
Ms. Patricia R. Collins, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Mar 06, w/atchs.
Exhibit B. Letter, AFPC/DPSO, dated 8 May 06.
Exhibit C. Letter, SAF/MRBR, dated 12 May 06.
MICHAEL J. MAGLIO
Panel Chair
AFBCMR BC-2006-01037
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:
The pertinent military records of the Department of the Air
Force relating to [APPLICANT] be corrected to show that ten (10)
days of leave were added to his leave account commencing 2 October
2005.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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