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AF | BCMR | CY2006 | BC-2006-01204
Original file (BC-2006-01204.doc) Auto-classification: Denied

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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