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 CONTENDS THAT:
During FY 2005, he was deployed or TDY for a total of 181 days and was
unable to take leave due to mission requirements and necessary training.
In support of his request, applicant provided three TDY/Deployment orders,
his current (1-31 August 2006) Leave and Earnings Statement (LES), LESs for
the periods 1-30 September 2005 and 1-31 October 2005, and a Special Leave
Accrual (SLA) memorandum, dated 24 October 2005, which is endorsed by the
33 OG/CC recommending approval of restoration of 20 days leave. Applicant
contends that his application contains a document signed by the 33 WG/CC;
however, this document was not contained in the application.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant carried forward 60 days of leave at the beginning of FY 2005,
earned 30 days of leave during FY 2005, used only 10 days of leave during
FY 2005, and thus lost 20 days of leave at the end of FY 2005. Applicant
submitted a request to have the leave restored as part of a mass SLA, and
it was disapproved by HQ ACC/A1 despite the fact that 33 OG/CC recommended
approval.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSO recommends denial, stating that AFI 36-3003, Military Leave
Program, states, in part, that applicant must clearly establish that an
error or injustice by the Air Force caused him to lose the leave. They
further advise that applicant had ample opportunity to responsibly
manage/take leave throughout the year, despite his two TDYs and deployment,
and, even though applicant’s deployment was in support of the AEF
(Operation NOBLE EAGLE), it was not a short notice deployment and he had
over six months to take the 20 days of use/lose leave.
The AFPC/DPSO complete evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 27
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. 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 it’s 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 Docket Number BC-2006-02832
in Executive Session on 12 December 2006, under the provisions of AFI 36-
2603:
Mr. John B. Hennessey, Panel Chair
Ms. Patricia R. Collins, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Sep 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSO, dated 16 Oct 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 06.
JOHN B. HENNESSEY
Panel Chair
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