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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