RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01605
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 NOVEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect the restoration of 16 days of
leave.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He earned 76 days of terminal leave. He used 60 days of terminal
leave leaving 16 days of leave unpaid. He wants his retirement date
changed to receive the pay and entitlements for the 16 days of leave
not used.
In support of his request, the applicant provided a copy of Special
Orders AC-001977 and AC-003694, AF Fms 988, DD Fm 214, Leave and
Earning Statement, and Financial Services Office Notes.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant carried forward 58 days of leave at the beginning of
Fiscal Year 2005 (FY 05). He earned 17.5 days of leave through 30
April 2006. He used 60 days of leave during FY 06. As of 30 April
2006, he had a leave balance of 16 days.
He retired on 1 May 2006 in the grade of master sergeant (MSgt). He
served 20 years, 6 months and 15 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO recommends denial. AFPC/DPSO states AFI 36-3003,
Military Leave Program, note below paragraph 10.9.7, states in part
member’s application must clearly establish that an error or injustice
by the Air Force caused the member’s lost leave. 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. The applicant sold back 60 days of leave (the
maximum allowed by law), although his DD Form 214 shows the amount of
accrued leave paid as 16 days. They further stated the applicant
applied for a retirement date that did not allow him enough time on
active duty to use the 16 days of accrued leave.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
22 September 2006, for review and response. As of this date, no
response has been received by this office.
_________________________________________________________________
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 an error or an injustice. 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 burden that he has suffered either
an error or an injustice. The applicant has not provided sufficient
evidence showing he was denied the opportunity to use leave.
Furthermore, he selected a retirement date which did not allow him
ample time on active duty to take the 16 days of leave. Therefore, in
the absence of evidence to the contrary, we find no compelling 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 AFBCMR Docket Number BC-
2006-01605 in Executive Session on 29 November 2006, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Richard K. Hartley, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 May 06, w/atchs.
Exhibit B. Letter, AFPC/DPSO dated 11 Sep 06.
Exhibit C. Letters, SAF/MRBR dated 22 Sep 06, w/atch.
MICHAEL K. GALLOGLY
Panel Chair
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