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AF | BCMR | CY2006 | BC-2006-02832
Original file (BC-2006-02832.doc) Auto-classification: Denied

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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