Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-02061
Original file (BC-2006-02061.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02061
            INDEX CODE:  121.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to show restoration of 22 days of leave  charged
during fiscal year 2006 (FY06).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was charged for 22 days of  leave  due  to  a  pending  Exceptional
Family Member Program (EFMP) request for his daughter while  Permanent
Change of Station (PCS) enroute from Kunsan Air Base in Korea to Eglin
AFB, FL.

In support of his appeal, the applicant has provided  an  email  trail
and a copy of his PCS orders.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a current member of the Regular Air  Force  PCS’d  from
Kunsan AB and arrived at Langley AFB, VA on 2 November  2005  to  help
his family prepare for their PCS to Eglin AFB, FL.  While at  Langley,
his daughter became ill and  needed  the  services  of  a  specialist.
Eglin AFB notified him that the  same  type  of  specialist  care  was
available in Florida but was a 90-minute drive from  Eglin  AFB.   The
applicant submitted an EFMP requesting reassignment to Langley AFB  so
he could be close to  his  daughter’s  specialist.   The  request  was
forwarded to and received by the Air Force Personnel Center (AFPC)  on
14 November 2005. An action officer was assigned to the request on  16
November 2005.  Other assignment locations were being  considered  and
the process usually takes 14 days.  On  22  November  2005,  the  EFMP
office was notified by Eglin  personnel  that  the  member  was  still
approved for travel to Eglin AFB and the member departed  the  Langley
area on 26 November 2005 bound for Eglin AFB.

_________________________________________________________________



AIR FORCE EVALUATION:

HQ AFPC/DPSO recommends denial.  DPSO states  the  member  could  have
proceeded to Eglin AFB as early as 2  November  2005  but  decided  to
readdress the issue with the EFMP office on 10 November  2005.   After
reviewing his case, DPSO finds no error or injustice by the Air  Force
causing the member to lose leave.  He was charged leave from 7 through
25 November 2005.

DPSO’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6
October 2006 for review and comment within 30 days.  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 an error or injustice warranting granting  the  applicant
restoration of 19 days of leave.  The applicant requested  restoration
of 22 days of leave, however, the  office  of  primary  responsibility
(OPR) determined he was charged only 19 days of  leave  during  fiscal
year  2006  (FY06).   We  took  particular  note  of  the  applicant’s
situation including  experiencing  a  PCS  off  a  remote  assignment,
attending to and finding care for his ill daughter, and  applying  for
consideration under the EFMP. Documentation has been provided to  show
that the applicant was not on leave on the days in question,  but  was
seeking support and answers from the Langley MPF, hospital and  family
support office in trying to accelerate his EFMP package. It appears he
did everything he could do while at Langley AFB to ensure care for his
daughter and then report to Eglin  AFB  as  he  was  expected  to  do.
Therefore, in  view  of  the  above  and  in  order  to  preclude  the
possibility of an injustice to the applicant, we  recommend  that  his
records be corrected as 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 19 days of leave  were
added to his leave account commencing 2 October 2006.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-02061 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

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jun 06, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPSO, dated 2 Oct 06, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 6 Oct 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]
Office Of The Assistant Secretary



AFBCMR BC-2006-02061




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 APPLICANT, be corrected to show that 19 days of
leave were added to his leave account commencing 2 October 2006.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-03070

    Original file (BC-2006-03070.doc) Auto-classification: Denied

    In support of his request, applicant provided TDY and PCS orders, and leave documents. DPSO finds no compelling evidence suggesting the applicant was unable to take 21.5 days of leave throughout FY06 and concludes the leave lost was not an error or injustice caused by the Air Force. Since the applicant did not provide the additional information requested in order to sufficiently evaluate his claim, it is our opinion that no basis exists to grant his request.

  • AF | BCMR | CY2006 | BC-2006-01605

    Original file (BC-2006-01605.doc) Auto-classification: Denied

    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. 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...

  • AF | BCMR | CY2007 | BC-2007-00586

    Original file (BC-2007-00586.doc) Auto-classification: Denied

    During FY06, he earned 30 days of leave and used 23 days of leave. DPSO concludes the leave lost was not an error or injustice caused by the Air Force. We have noted the documents provided with the applicant’s submission; however, they do not, in our opinion, support a finding that the applicant was unable to take his accrued leave upon his return from deployment.

  • AF | BCMR | CY2006 | BC-2006-01122

    Original file (BC-2006-01122.DOC) Auto-classification: Denied

    The Board took notice of the applicant's complete submission in judging the merits of the case; however, the majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopts the OPR’s rationale as the basis for its conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds...

  • AF | BCMR | CY2007 | BC-2006-03599

    Original file (BC-2006-03599.doc) Auto-classification: Approved

    Applicant’s complete submission is at Exhibit C. ___________________________________________________________________ STATEMENT OF FACTS: Based on information from the Air Force, applicant’s Master Military Pay Account (MMPA) reflects applicant lost 10 days of leave at the end of FY06 (30 Sep 06). ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPS reviewed this application and recommended denial, stating in part, member’s application must...

  • AF | BCMR | CY2006 | BC-2006-02231

    Original file (BC-2006-02231.doc) Auto-classification: Approved

    e. On 18 March 1968, the 14th Combat Support Group notified Chanute AFB that the applicant arrived at their station on 1 March 1968 and was present for duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS based on the limited documentation in the applicant’s master personnel records defers to the Board to determine if the requested relief should be granted. Nevertheless, after 38 years, and in view of the negative FBI report and the...

  • AF | BCMR | CY2006 | BC-2006-00193

    Original file (BC-2006-00193.doc) Auto-classification: Denied

    ___________________________________________________________________ STATEMENT OF FACTS: The Air Force indicated that the applicant lost 7 days of leave at the end of FY 05. 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. A complete copy of the Air Force evaluation is at Exhibit B.

  • AF | BCMR | CY2007 | BC-2006-03600

    Original file (BC-2006-03600.doc) Auto-classification: Denied

    Although the member was deployed from January to May 2006, there is no compelling evidence or supporting documentation to show that the member was prevented from taking leave throughout FY06. The DPSO complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 5 January 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). After reviewing the...

  • AF | BCMR | CY2007 | BC-2006-03601

    Original file (BC-2006-03601.DOC) Auto-classification: Denied

    With no evidence presented to support his claim, DPSO concludes that the applicant’s lost leave was not due to an error or injustice caused by the Air Force. We note the applicant’s contention that he was unable to use 5.5 days of leave due to mission requirements; however he has not provided letters of support from his chain of command or other evidence to support this assertion. After reviewing the evidence of record and the applicant's complete submission in judging the merits of...

  • AF | BCMR | CY2009 | BC-2008-03006

    Original file (BC-2008-03006.doc) Auto-classification: Approved

    The HQ AFPC/DPSOS’s complete evaluation is at Exhibit C. HQ AFPC/JA recommends the applicant’s nonselection for retention by the 6 June 2006 FSB be set aside and that she be considered by a special FSB selection board utilizing a corrected RRF. However, the majority of the Board believes that thorough and fitting relief in this case would be to correct her records to show that she was selected for retention by the 10 Apr 06 FSB, and to reinstate her to active duty. Accordingly, the...