RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01122
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 OCT 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
The seven and one-half (7.5) days of leave he lost at the end of
Fiscal Year 2005 (FY05) be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was deployed to Stuttgart, Germany, from 7 Sep 04 to 14 Jan 05 in
support of OPERATION JOINT FORGE. Upon his return, he had a permanent
change of station (PCS) to Peterson AFB, Colorado, on 23 Aug 05.
During the summer, he took three weeks of leave. He had 14 days of
leave to use or lose upon his arrival at Peterson AFB. Upon his
arrival, he was tasked to track the accountability of personnel
because of Hurricanes Rita and Wilma. As a result, he was unable to
take seven and one-half (7.5) days of leave. He had leave scheduled
for 16 Sep 05 to 30 Sep 05 but was unable to take leave until 23 Sep
05.
In support of his appeal, the applicant provided documentation
pertaining to special leave accrual (SLA), and copies of his orders
and leave and earning statement.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
the applicant is currently serving on active duty in the grade of
master sergeant, having been promoted to that grade on 1 Jun 04. His
Total Active Federal Military Service Date (TAFMSD) is 20 Mar 87.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the Air
Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSO recommends denial noting the applicant lost seven and one-
half (7.5 days) of leave at the end of FY05. He carried forward 73
days of leave at the beginning of FY05. He earned 16.5 days of leave
during FY05. He used 22 days of leave during FY 05.
AFPC/DPSO indicates the governing instruction states a member's
application must clearly establish that an error or injustice by the
Air Force caused the member's lost leave. Additionally, it is
recommended that members be given the opportunity to take at least one
leave period of 14 consecutive days or more each fiscal year and
encourages them to use the 30 days of leave they accrue each year.
After further review of the applicant's case, they found the applicant
had seven (7) months prior to his PCS to properly schedule at least
seven and one-half (7.5) days of leave. Also, he could have taken
leave from 16 Sep 06 to 25 Sep 06, which was prior to his conference
attendance.
A complete copy of the AFPC/DPSO evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 12
May 06 for review and response within 30 days. As of this date, no
response has been received by this office (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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. The Board took notice of the
applicant's complete submission in judging the merits of the case;
however, the majority of the Board agrees with the opinion and
recommendation of the Air Force office of primary responsibility (OPR)
and adopts the OPR’s rationale as the basis for its conclusion that
the applicant has not been the victim of an error or injustice. The
majority was not persuaded by the evidence presented that the
applicant made judicious use of his accrued leave during the fiscal
year, or that he was improperly denied the use of his leave. In view
of the foregoing, and in the absence of sufficient evidence to the
contrary, the majority finds no compelling basis to recommend granting
the relief sought in this application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2006-01122 in Executive Session on 27 Jun 06, under the provisions of
AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Richard K. Hartley, Member
Ms. Josephine L. Davis, Member
By a majority vote, the Board voted to deny the application.
Mr. Bennett voted to grant the appeal but did not desire to submit a
minority report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Apr 06, w/atchs.
Exhibit B. Letter, AFPC/DPSO, dated 9 May 06.
Exhibit C. Letter, SAF/MRBR, dated 12 May 06.
CHARLES E. BENNETT
Panel Chair
AFBCMR BC-2006-01122
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
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