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AF | BCMR | CY2006 | BC-2006-01605
Original file (BC-2006-01605.doc) Auto-classification: Denied

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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