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AF | BCMR | CY2006 | BC-2006-01037
Original file (BC-2006-01037.doc) Auto-classification: Approved

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An additional 10 days were later withdrawn from his  leave  balance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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