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AF | BCMR | CY2006 | BC-2006-02358
Original file (BC-2006-02358.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02358
            INDEX CODE: 121.03
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  8 Feb 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

Seventeen and one-half (17.5) days of leave be restored to  his  leave
account.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he returned from an eight-month deployment  in  Sep  04,  he  was
informed by his finance office and  Military  Personnel  Flight  (MPF)
that he had three years to use his accrued leave, referring to  it  as
Special Leave Accrual (SLA).  On 1 Sep 05, he  showed  his  Leave  and
Earnings Statement (LES) to Finance; it reflected  20  days  use/lose.
He was told not to worry, he still had 62.5 days of CZ leave carryover
and the LES format hadn’t caught up with the “carry-over” process.  On
1 Oct 05, he  lost  17.5  days  of  leave.   Had  he  been  instructed
differently, he could have scheduled leave or requested a waiver.

In support of his request, applicant provided two LESs  and  a  travel
voucher summary, which appears to show per diem payments from 6 Feb 04
through 14 Sep 04.  His complete submission, with attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Combat Zone (CZ) leave is leave earned while  deployed  in  a  hostile
fire imminent pay danger area.

According to HQ AFPC/DPSOO (Exhibit B), the applicant carried  forward
69 days of leave at the beginning of Fiscal Year 2005 (FY05)  (9  days
of leave were previously restored via SLA).  During FY05, he earned 30
days of leave and used 19 days of leave, leaving a balance of 80 days.
 He could only carry over to FY06 60 days of leave plus 2.5 days of CZ
leave for  a  total  of  62.5  days.   Previously  approved  CZ  leave
carryover of 62.5 days expires on 30 Sep  07.   Subtracting  the  62.5
days from the 80 days of leave resulted in the applicant  losing  17.5
days of leave.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOO recommends denial, citing AFI  35-3003,  Military  Leave
Program.  The AFI requires members clearly establish that an error  or
injustice caused the lost  leave,  recommends  members  be  given  the
opportunity to take at least one or more  periods  of  14  consecutive
days of leave each FY, and encourages members to use the  30  days  of
leave they accrue each  year.   The  Defense  Finance  and  Accounting
Service (DFAS) verified the applicant lost the 17.5  days  of  accrued
leave (not combat leave) because he did not  take  the  17.5  days  of
ordinary leave during FY05.

The complete (Office  Symbol)  evaluation,  with  attachments,  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 22 Sep 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.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  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
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  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  this  application  in
Executive Session on 13 December 2006 under the provisions of AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-02358 was considered:

   Exhibit A.  DD Form 149, dated 18 Jul 06, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPSOO, dated 20 Sep 06, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 22 Oct 06.





                                   JAMES W. RUSSELL III
                                   Panel Chair

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