RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-
01121
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 OCTOBER 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His 18.5 days of lost leave be restored under the Special Leave
Accrual (SLA) program.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was deployed for 133 days in 2005. Two of his deployments
included Combat Zone (CZ), Hostile Fire Pay, and family separation.
He was deployed to Chad, Africa for 55 days and Niger/Nigeria,
Africa for 56 days. With other deployments, home-station training,
and predeployment spin-ups, he was unable to take all the leave he
earned.
In support of his request, applicant submits copies of his
deployment orders, Leave and Earnings Statement (LES), and TDY
orders and Travel Vouchers.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
lieutenant colonel. According to information provided by the Air
Force, the applicant actually lost 6 days (vice 18.5 days) of leave
at the end of FY 05. He carried forward 79.5 days of leave at the
beginning of FY 05. He earned 30 days of leave during FY 05. He
used 31 days of leave during FY 05. The applicant was unable to
use all of his accrued leave due to multiple deployments.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO reviewed this application and recommended partial
relief, to restore only 6 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.
The DPSO complete evaluation is at Exhibit B.
__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 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 C).
___________________________________________________________________
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 18.5 days
of leave, DPSO has indicated the applicant actually lost only 6
days of leave. In this respect, we agree with DPSO that only 6
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 six (6) days of
leave were added to his leave account commencing 2 October 2005.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2006-01121 in Executive Session on 28 June 2006, under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Grover L. Dunn, Member
Mr. John E.B. Smith, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Mar 06, w/atchs.
Exhibit B. Letter, AFPC/DPSO, dated 19 May 06.
Exhibit C. Letter, SAF/MRBR, dated 26 May 06.
MICHAEL J. NOVEL
Panel Chair
AFBCMR BC-2006-01121
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 six (6)
days of leave were added to his leave account commencing 2 October
2005.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2006 | BC-2006-01204
According to information provided by the Air Force, the applicant lost 8 days of leave at the end of FY 05. The applicant was able to take his post deployment recovery time (PDRT) upon return from his TDY. Enough time was available from the date the applicant returned from his TDY (1 Feb 05) until 30 Sep 05 (end of the FY) to use the remainder of his 8 days of use/lose leave.
AF | BCMR | CY2006 | BC-2006-01037
He used 20 days of leave during FY 05. Instead, the applicant lost the 10 days accrued leave in FY 05 and was paid for 10 days leave in FY 06. 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.
AF | BCMR | CY2007 | BC-2006-03435
___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPS reviewed this application and recommended denial, stating in part, member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. They noted that prior to his deployment, from 29 May 06 – 5 Oct 06, applicant was denied leave based on the operational tempo resulting from manning shortfalls, and a project the applicant was involved in. ...
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_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 21 Jul 06 for review and comment within 30 days (Exhibit C). The Air Force contends the applicant could have used the remainder of his use/lose leave instead of PDRT during the 30 Jul to 30 Sep 03 period. Therefore, since FY06 is almost over and sufficient time must be allowed for processing, we recommend...
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Applicant’s complete submission is at Exhibit C. ___________________________________________________________________ STATEMENT OF FACTS: Based on information from the Air Force, applicant’s Master Military Pay Account (MMPA) reflects applicant lost 10 days of leave at the end of FY06 (30 Sep 06). ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPS reviewed this application and recommended denial, stating in part, member’s application must...
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_________________________________________________________________ APPLICANT CONTENDS THAT: Due to scheduled training, deployment and numerous other exercises, he could not take all 30 days of earned leave during FY 2005. Later, his squadron deployed in support of a mission. 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...
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_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSO recommends partial relief – to restore nine days of leave. DPSO states AFI 36-3003, Military Leave Program, states in part that the member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. After reviewing the evidence of record, along with the applicant's submission, it appears that the applicant was unable to use nine days of...
AF | BCMR | CY2007 | BC-2006-03378
According to the information provided by the office of primary responsibility, the applicant lost 8 days of leave at the end of FY 06. 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. DPSO states although the applicant was placed on convalescent leave from 22 Aug to 24 Sep 06, there is no compelling evidence or supporting documentation...
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AF | BCMR | CY2006 | BC-2006-01605
Additionally, paragraph 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. 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 and adopt its rationale as the basis for our decision that the applicant has failed to sustain his...