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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_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSO recommends partial relief – to restore nine days of leave. DPSO states AFI 36-3003, Military Leave Program, states in part that the member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. After reviewing the evidence of record, along with the applicant's submission, it appears that the applicant was unable to use nine days of...
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He used six days of leave during FY05. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPF recommends partial relief by restoring 17 days of leave. They recommend 17 days of leave be restored because the applicant returned in time from his short-notice deployment to take seven days of leave before FY05 ended.
AF | BCMR | CY2006 | BC-2006-01863
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AF | BCMR | CY2007 | BC-2006-03070
In support of his request, applicant provided TDY and PCS orders, and leave documents. 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. 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.
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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 | CY2007 | BC-2006-03599
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