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AF | BCMR | CY2006 | BC-2006-01122
Original file (BC-2006-01122.DOC) Auto-classification: Denied



                       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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