RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03070
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 8 Apr 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
Twenty-one and one-half (21.5) days of lost leave be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During Fiscal Year 2006 (FY06), he was on temporary duty (TDY) to six
different cross-training classes at five different locations, and he also
had a permanent change of station (PCS). During this time, he tried to
take leave a few times but it was either denied or cancelled due to school
or PCS out-processing. Upon arrival at his new duty station he notified
his supervisor of his situation. Due to class starting and in-processing,
he was unable to take the amount of leave required to be under the maximum
leave prior to the end of the FY. He asks for a chance to take the leave
he acquired.
In support of his request, applicant provided TDY and PCS orders, and leave
documents. The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The following information was extracted from documents provided by the
applicant (Exhibit A):
TDY Order No. SC1562, dated 2 Mar 06, ordered the applicant TDY for
training for approximately 54 days, proceeding on 6 Mar 06.
TDY Order No. SD1697, dated 29 Apr 06, ordered the applicant TDY for
training for approximately 31 days, proceeding on 8 May 06.
An Edwards AFB email dated 16 Jun 06 indicates the applicant’s request for
leave [number of days not specified] was rejected because he needed to out-
process for a PCS move.
PCS Special Order No. AC-590, dated 16 Jun 06, orders the applicant PCS
from Edwards AFB, CA to Hurlburt Field, FL, with a report no later than
date of 15 Jul 06.
The applicant requested and was approved for leave during 15-16 Aug 06 and
23-25 Aug 06.
Hurlburt Field emails dated 26 and 27 Sep 06 indicate the applicant’s leave
was cancelled, apparently because he was in student status attending
training.
The applicant carried forward 58.5 days of leave at the beginning of FY06
(1 Oct 06); the maximum amount of leave that can be carried over is 60
days. During FY06, he earned 30 days of leave and used 7 days of leave.
He lost 21.5 days of leave at the end of FY06 (30 Sep 06).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO recommends denial. AFI 36-3003, Military Leave Program, note
below para. 10.9.7., states in part that a member’s application must
clearly establish that an error or injustice by the Air Force caused the
member’s lost leave. Additionally, para. 4.1.4. 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. DPSO
provides a 9 Nov 06 letter sent to the applicant requesting he provide a
written statement from his commander verifying he was not allowed to take
leave prior to and upon returning from TDYs. However, the applicant did
not respond. 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.
The complete HQ AFPC/DPSO evaluation, with attachment, 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 5 Jan 07 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. After reviewing the applicant’s
submission and the evidence of record, we are not persuaded that
restoration of 21.5 days of leave lost during Fiscal Year 2004 is
warranted. 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. However, should he provide
supporting documentation from his commander verifying his unavailability to
take leave prior to and upon returning from TDYs, we would be willing to
reconsider his appeal. However, in the absence of such evidence, favorable
action is not recommended.
_________________________________________________________________
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-2006-03709
in Executive Session on 22 February 2007, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Mr. Todd L. Shafer, Member
Mr. Gregory A. Parker, Member
The following documentary evidence pertaining to Docket Number BC-2006-
03709 was considered:
Exhibit A. DD Form 149, dated 4 Oct 06, w/atchs.
Exhibit B. Letter, AFPC/DPSO, dated 20 Dec 06, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 19 Jan 07.
JAMES W. RUSSELL III
Panel Chair
AF | BCMR | CY2007 | BC-2007-00586
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-2006-01863
_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 21 Jul 06 for review and comment within 30 days (Exhibit C). The Air Force contends the applicant could have used the remainder of his use/lose leave instead of PDRT during the 30 Jul to 30 Sep 03 period. Therefore, since FY06 is almost over and sufficient time must be allowed for processing, we recommend...
AF | BCMR | CY2007 | BC-2006-03882
She signed in at Nellis AFB on 18 September 2006, and was given her 14 days of post- deployment down time since she did not take it prior to her PCS from MacDill AFB. Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSO recommends denial, stating that post-deployment recovery time is not a valid reason for reinstatement of lost leave when accrued leave could have been taken in...
AF | BCMR | CY2007 | BC-2006-03599
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-2006-01226
_________________________________________________________________ APPLICANT CONTENDS THAT: Due to scheduled training, deployment and numerous other exercises, he could not take all 30 days of earned leave during FY 2005. Later, his squadron deployed in support of a mission. Additionally, para 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...
AF | BCMR | CY2006 | BC-2006-01027
However, the CSS provided correct information to the applicant; according to para 12.3.11, unit commanders will "not authorize PTDY for house hunting enroute with PCS." In this respect, the Board notes that once the applicant arrived at his permanent duty location and signed in, the commander may approve up to eight days permissive leave. _________________________________________________________________ RECOMMENDATION OF THE BOARD: The applicant be notified that the evidence presented did...
AF | BCMR | CY2007 | BC-2006-03601
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 | CY2007 | BC-2006-03600
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-2007-00372
He used 10 days of leave during FY06. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSO recommends partial relief to restore 16.5 days of leave. After reviewing the evidence of record, along with the applicant's submission, it appears that the applicant was unable to use leave due to mission commitments and we agree with the Air Force office of primary responsibility's recommendation that 16.5 days should be restored to his leave account.
AF | BCMR | CY2006 | BC-2006-02061
An action officer was assigned to the request on 16 November 2005. DPSO’s complete evaluation is at Exhibit B. ______________________________________________________________ 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.