Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-01669
Original file (BC-2006-01669.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01669
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  5 December 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Twenty-three (23) days of leave be added to his current leave balance.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to multiple real  world  deployments,  temporary  duties  (TDYs),  local
exercises and monthly flying requirements he  was  unable  to  take  planned
leave.  The changes in deployment dates,  required  training  for  exercises
and daily flying training requirements  for  the  year  prevented  him  from
scheduling leave adequately.

In support of his request, the applicant provided a personal statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
major with a date of rank of 1 December 2001.

The applicant lost 23 days of leave at the end of Fiscal Year  2005  (FY05).
He carried forward 60 days of leave at the beginning of FY05.  He earned  30
days of leave and used seven days of leave during FY05.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPSO recommends partial relief – to restore nine days of  leave.   DPSO
states AFI  36-3003,  Military  Leave  Program,  states  in  part  that  the
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, 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 paragraph 10.1  and  reiterated
in the Post Deployment Recovery Time (PDRT),  leave  restoration  memorandum
by the Director, Force Operations, 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 14 days PDRT upon  return  from  his  TDY  (5
September 2005).  Per the 393 BS/CC, the applicant did not have enough  time
to use 9 days of his use/lose leave prior to 30 September 2005 (end  of  the
FY) due to squadron commitments.   DPSO  finds  no  compelling  evidence  to
suggest PDRT could not have been replaced with use/leave leave.

The DPSO complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states he made  every  attempt  to
utilize his leave.  He believes it is in the best interest of the Air  Force
to evaluate the leave program as  draw-downs  occur  and  more  demands  are
placed on individuals.

Applicant’s response is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  an  error  or  injustice  warranting  partial  relief.    The
applicant requests restoration of 23 days of  leave.   After  reviewing  the
evidence of record, along with the applicant's submission, it  appears  that
the applicant  was  unable  to  use  nine  days  of  leave  due  to  mission
commitments  and  we  agree  with  the   Air   Force   office   of   primary
responsibility's recommendation that those nine days should be  restored  to
his leave account.  We are not persuaded by the evidence presented that  the
remaining 14 days should be restored.  It appears  that  the  applicant  was
provided an opportunity to take leave subsequent to deployment  but  instead
elected to use PDRT.  Therefore, we  adopt  the  Air  Force's  rationale  as
basis for our recommendation that only nine days be restored  to  his  leave
account.  Accordingly, we recommend his records be corrected to  the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that  nine  days  of  annual  leave  were
added to his leave account commencing 2 October 2006.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
01669 in Executive Session on 24 October 2006, under the provisions  of  AFI
36-2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Josephine L. Davis, Member
                 Mr. Alan A. Blomgren, Member

All members voted to correct the records pertaining to AFBCMR Docket  Number
BC-2006-01669  as  recommended.   The  following  documentary  evidence  was
considered:

   Exhibit A.  DD Form 149, dated 11 May 06, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSO, dated 8 Sep 06, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Sep 06.
   Exhibit E.  Letter, Applicant, dated 2 Oct 06.




                       JAY H. JORDAN
                       Panel Chair





AFBCMR BC-2006-01669





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXX, be corrected to show that nine days of annual leave were
added to his leave account commencing 2 October 2006.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-01863

    Original file (BC-2006-01863.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 21 Jul 06 for review and comment within 30 days (Exhibit C). The Air Force contends the applicant could have used the remainder of his use/lose leave instead of PDRT during the 30 Jul to 30 Sep 03 period. Therefore, since FY06 is almost over and sufficient time must be allowed for processing, we recommend...

  • AF | BCMR | CY2006 | BC-2006-00815

    Original file (BC-2006-00815.doc) Auto-classification: Approved

    He used six days of leave during FY05. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPF recommends partial relief by restoring 17 days of leave. They recommend 17 days of leave be restored because the applicant returned in time from his short-notice deployment to take seven days of leave before FY05 ended.

  • AF | BCMR | CY2006 | BC-2006-01204

    Original file (BC-2006-01204.doc) Auto-classification: Denied

    According to information provided by the Air Force, the applicant lost 8 days of leave at the end of FY 05. 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.

  • AF | BCMR | CY2006 | BC-2006-01226

    Original file (BC-2006-01226.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: Due to scheduled training, deployment and numerous other exercises, he could not take all 30 days of earned leave during FY 2005. Later, his squadron deployed in support of a mission. 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 they accrue...

  • AF | BCMR | CY2007 | BC-2007-01568

    Original file (BC-2007-01568.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01568 INDEX CODE: 121.00 XXXXXXX XXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 19 NOV 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: Twenty-nine (29) days of leave be restored to his leave account as of 2 Oct 07. Applicant’s LES shows he lost 29 days of leave; however, after a thorough review and leave...

  • AF | BCMR | CY2007 | BC-2007-00372

    Original file (BC-2007-00372.doc) Auto-classification: Approved

    He used 10 days of leave during FY06. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSO recommends partial relief to restore 16.5 days of leave. After reviewing the evidence of record, along with the applicant's submission, it appears that the applicant was unable to use leave due to mission commitments and we agree with the Air Force office of primary responsibility's recommendation that 16.5 days should be restored to his leave account.

  • AF | BCMR | CY2007 | BC-2007-00526

    Original file (BC-2007-00526.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00526 INDEX CODE: 121.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 26 AUG 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: Fifteen (15) days of leave be restored to his leave account as of 2 Oct 06. He used 10 days of leave during FY05. ...

  • AF | BCMR | CY2006 | BC-2006-01121

    Original file (BC-2006-01121.doc) Auto-classification: Approved

    According to information provided by the Air Force, the applicant actually lost 6 days (vice 18.5 days) of leave at the end of FY 05. While we note, the applicant has requested restoration of 18.5 days of leave, DPSO has indicated the applicant actually lost only 6 days of leave. NOVEL Panel Chair AFBCMR BC-2006-01121 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of...

  • AF | BCMR | CY2006 | BC-2006-02832

    Original file (BC-2006-02832.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02832 INDEX CODE: 121.03 XXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: Mar 23, 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: All, or some, of the 20 days leave he lost during FY 2005 be restored. Applicant’s complete submission, with attachments, is at Exhibit A. ...

  • AF | BCMR | CY2006 | BC-2005-03511

    Original file (BC-2005-03511.doc) Auto-classification: Approved

    AFI 36-3003, para 4, Military Leave Program, 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 encourage them to use the 30 days of leave they accrue each year. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSFOC recommended restoration of 22 days of leave, stating, in part, that finance was correct in stating that as long as the applicant started his...