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AF | BCMR | CY2007 | BC-2006-03316
Original file (BC-2006-03316.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03316
            INDEX CODE:  121.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 APR 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect he used two days  of  leave  rather  than
losing two days of leave.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to becoming extremely sick at the end  of  the  fiscal  year  and  being
restricted to quarters for a period of two weeks he was unable to  file  two
days of leave that were used.   By  the  time  he  had  recovered  from  his
illness and was able to file the two days of leave the  end  of  the  fiscal
year passed.  The two days of leave should not show lost because  they  were
used.

In support of his request, the applicant provided a  copy  of  a  leave  and
earnings statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
captain effective and with a date of rank of 5 April 2006.

The applicant lost two days of  leave  at  the  end  of  FY06.   He  carried
forward 58 days of leave at the beginning of FY06.  He  earned  30  days  of
leave during FY06.  He used 26 days of leave during FY06.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPSO recommends  denial.   DPSO  states  AFI  36-3003,  Military  Leave
Program, note below paragraph 10.9.7, states in  part  member’s  application
must clearly establish that an error or injustice by the  Air  Force  caused
the member’s lost leave.   Additionally,  paragraph  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.  The applicant states that the two days of leave  lost
should not show as such because he used the days.  He was  not  charged  for
the days taken due to an illness that prevented him from filing  his  leave.
Unfortunately, he did not attach documentation supporting his claim.   On  7
December 2006 DPSO requested supporting documentation  from  the  applicant,
but did not receive a response.

The DPSO complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 February 2007, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   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 an error or injustice.  The applicant contends that he was  not
charged for two days of leave taken due to an illness  which  prevented  him
for filing for his leave.  Other than  his  own  assertions,  applicant  has
provided no evidence which would lead us to believe an  error  or  injustice
exists within his leave record that requires correction.  Should he  provide
documentation which would substantiate his claim, we  would  be  willing  to
review his request for possible reconsideration.  Therefore, in the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________




THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2006-
03316 in Executive Session on 28 Mar 07, under the  provisions  of  AFI  36-
2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Debra K. Walker, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Oct 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSO, dated 2 Feb 07
   Exhibit D.  Letter, SAF/MRBR, dated 9 Feb 07.




                 JAY H. JORDAN
                 Panel Chair

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