RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01863
INDEX CODE: 121.03
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 Dec 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Fourteen (14) days of lost leave be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to use 26.5 days of “use or lose” leave due to mandatory
flight training, temporary duties (TDYs), repeated deployments in
support of the Global War on Terrorism, and unit mission readiness
requirements during the period following 9/ll. The local unit was
allowed to restore only 12.5 days as Special Leave Accrual (SLA) in
accordance with AFI 36-3003, para. 10. While he did take leave during
this period, 28 days of it were reconstitution leave following
deployment and did not count against his “use or lose” leave.
In support of his request, applicant provided an email pertaining to
SLA submissions, a chronology of events he contends prevented his
using earned leave between Jul 01 and Oct 03, a summary of
TDY/deployment dates for the period Sep 01-Oct 03, and travel
orders/vouchers. The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to AFPC/DPSO, the applicant carried forward 83.5 days of
leave at the beginning of Fiscal Year 2003 (FY03) [1 Oct 02]. He
earned 30 days of leave and used 27 days of leave during FY 03, but
lost 26.5 days of leave at the end of FY03 [30 Sep 03]. Under the
provisions of SLA, 12.5 days of the 26.5 lost leave days were
restored.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO recommends denial. The applicant was able to take 28
days post deployment recovery time (PDRT) upon return from his TDY.
Enough time was available from the date the applicant returned from
his TDY (30 Jul 03) until the end of the fiscal year (30 Sep 03) to
use the remainder of his use/lose leave. DPSO finds no compelling
evidence to suggest PDRT could not have been replaced with use/lose
leave.
The complete HQ AFPC/DPSO evaluation is at Exhibit B.
_________________________________________________________________
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). As of this date, this office has received no response.
_________________________________________________________________
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 error or injustice warranting restoration of 14 days
of lost leave. After careful review of the available evidence, we
agree the applicant’s opportunities to use his leave appeared to have
been curtailed by significant periods of TDY and deployment. 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.
However, we do not believe the applicant should be penalized for using
a benefit which he had earned by fulfilling mission requirements.
Therefore, since FY06 is almost over and sufficient time must be
allowed for processing, we recommend the 14 days of leave be added to
the applicant’s FY07 account commencing 1 Oct 06.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that fourteen (14) days
of leave were added to his account commencing 1 October 2006.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 13 September 2006 under the provisions of AFI 36-
2603:
Mr. Michael J. Maglio, Panel Chair
Mr. Gary G. Sauner, Member
Ms. Teri G. Spoutz, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR Docket Number BC-
2006-01863 was considered:
Exhibit A. DD Form 149, dated 26 May 06, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSO, dated 10 Jul 06.
Exhibit C. Letter, SAF/MRBR, dated 21 Jul 06.
MICHAEL J. MAGLIO
Panel Chair
AFBCMR BC-2006-01863
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 XXXXXXX, XXXXXXX, be corrected to show that fourteen
(14) days of leave were added to his account commencing 1 October
2006.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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