RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03393
INDEX CODE: 121.03
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 MAY 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
Thirty (30) days of leave be restored to her leave account as of
2 Oct 06.
___________________________________________________________________
APPLICANT CONTENDS THAT:
From 2000 thru 2005, she was unable to take leave due to a surgical
residency at Wilford Hall. Since, 2005, she has been involved in a
plastic surgery fellowship which should be finished in 2007. Over
the last six years, these requirements have not allowed her time to
take her entitled/allotted leave. She indicates that 2-weeks were
allowed in 2006.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Based on information from the Air Force, applicant’s Master
Military Pay Account (MMPA) reflects she lost thirty days of leave
at the end of FY06 (30 Sep 06). She carried forward 60 days of
leave at the beginning of FY06, earned 30 days and did not use any
leave during FY06.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPS reviewed this application and recommended restoring
16 days of leave. They state, in part, member’s application must
clearly establish that an error or injustice by the Air Force
caused the member’s lost leave. Additionally, AFI 36-3003, para 4,
Military Leave Program, 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 encourage them to use the 30 days of
leave.
Applicant states she could not take leave while attending the Air
Force Institute of Technology (AFIT). She also states she was
allowed two weeks vacation in 2006. The system shows applicant did
not use any leave in FY06. Since the applicant was allowed
2 weeks, the leave should have been used.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 1 Dec 06 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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. The applicant requests 30 days of leave be restored to her
current leave balance. AFI 36-3003, para 4, Military Leave
Program, 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.
Additionally, para 10.9.5, states members are ineligible for
Special Leave Accrual (SLA) when training exercises, attending
schools or courses, and research requirements precludes using the
leave. Applicant indicated she was allowed to take two weeks of
leave, even though the record reflects she did not take the leave.
The Board noted the recommendation by the Air Force; however, the
applicant’s record was thoroughly reviewed and there was nothing in
the record which convinced us that she was not afforded an
opportunity to take her earned leave. Should the applicant provide
documentation to substantiate her claim, we would be willing to
reconsider her request. Therefore, we conclude the applicant has
not been the victim of an error or injustice and find no 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 AFBCMR Docket Number
BC-2006-03393 in Executive Session on 11 January 2007 and
1 February 2007, under the provisions of AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Todd L. Schafer, Member
Ms. Maureen B. Higgins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Oct 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSO, dated 20 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 1 Dec 06.
LAURENCE M. GRONER
Panel Chair
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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.
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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...
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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...
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AF | BCMR | CY2007 | BC-2006-03435
___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPS reviewed this application and recommended denial, stating in part, member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. They noted that prior to his deployment, from 29 May 06 – 5 Oct 06, applicant was denied leave based on the operational tempo resulting from manning shortfalls, and a project the applicant was involved in. ...
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According to the information provided by the office of primary responsibility, the applicant lost 8 days of leave at the end of FY 06. 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. DPSO states although the applicant was placed on convalescent leave from 22 Aug to 24 Sep 06, there is no compelling evidence or supporting documentation...
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_________________________________________________________________ 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 | CY2007 | BC-2006-03316
In support of his request, the applicant provided a copy of a leave and earnings statement. 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. 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.
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She earned 30 days of leave during FY05 and used 10 days. A complete copy of the evaluation, with attachments, is at Exhibit C. AFPC/DPF states, AFI 36-3003, Military Leave Program, para 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. Applicant requests that twenty (20) days of leave be restored to her leave account.