RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01204
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 AUGUST 2007
__________________________________________________________________
APPLICANT REQUESTS THAT:
His 8 days of lost leave for Fiscal Year (FY) 05 be restored.
__________________________________________________________________
APPLICANT CONTENDS THAT:
There was no reasonable time to take an additional eight days of leave due
to being required to support a Unit Compliance Inspection, his change of
assignment, and handling duties as Director of Operations preparing for
and supporting a unit deployment. He was planning to take the last eight
days at the end of September, but he returned from his Outside the
Continental United States (OCONUS) deployment 5 days late, and events
dictated him being in the office to address re-deployment issues.
In support of his request, applicant submitted a Timeline of Events,
copies of his deployment orders, TDY orders, and Travel Vouchers.
Applicant’s complete submission is attached at Exhibit A.
__________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of captain.
According to information provided by the Air Force, the applicant lost 8
days of leave at the end of FY 05. He carried forward 55 days of leave at
the beginning of FY 05. He earned 30 days of leave during FY 05. He used
17 days of leave during FY 05. The applicant was deployed 7 Aug 04 – 1
Feb 05.
__________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO reviewed this application and recommended denial. They
stated, in part, that the lost leave was not an error or injustice caused
by the Air Force. 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.
Clearly stated in para 10.1, members are ineligible for special leave
accrual consideration if they returned from deployment and had the
opportunity to use leave but failed to do so. 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. They find no compelling evidence to suggest his
PDRT could not have been replaced with use/lose leave.
The DPSO complete evaluation is at Exhibit B.
__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. The applicant’s contentions are duly
noted; however, we do not find his assertions sufficiently persuasive to
override the rationale provided by the Air Force. Therefore, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice. In
the absence of evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.
__________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only
be reconsidered upon the submission of newly discovered relevant evidence
not considered with this application.
__________________________________________________________________
The following members of the Board considered Docket Number BC-2006-
01204 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
The following documentary evidence pertaining to Docket Number BC-2006-
01204 was considered:
Exhibit A. DD Form 149, dated 24 Mar 06, w/atchs.
Exhibit B. Letter, AFPC/DPSO, dated 12 May 06.
Exhibit C. Letter, SAF/MRBR, dated 19 May 06.
MICHAEL J. NOVEL
Panel Chair
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