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AF | BCMR | CY2007 | BC-2006-03435
Original file (BC-2006-03435.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03435
            INDEX CODE:  121.03

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  10 MAY 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

Five and one-half (5.5) days of leave  be  restored  to  his  leave
account as of 2 Oct 06.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was deployed on a 127-day rotation from 29 May 06 –  5  Oct  06.
His deployment was not confirmed until May 06 due to administrative
delays beyond his control and the operation tempo  at  his  primary
job prevented him from taking any leave prior  to  departure.   His
deployment does not qualify under the Special Leave  Accrual  (SLA)
policy.

Applicant states he is a single-parent with  three  minor  children
and in order to meet his deployment requirement, he had to expend a
substantial amount of funds to provide proper dependent care.

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

___________________________________________________________________

STATEMENT OF FACTS:

Based  on  information  from  the  Air  Force,  applicant’s  Master
Military Pay Account (MMPA) reflects he lost 5.5 days of  leave  at
the end of FY06 (30 Sep 06).  He carried forward 43 days  of  leave
at the beginning of FY06, earned 30 days and used 8 days.

___________________________________________________________________

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.  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  they  accrue  each
year.  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.  However, after reviewing the applicant’s  case,  they
found no compelling evidence suggesting the applicant was not  able
to take 5.5 days of leave prior to his deployment.

HQ AFPC/DPS’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he used 4 days of leave 24  –  27  Oct  06,  13  –
16 Dec 05, which established of pattern of using leave every  other
month during FY06.  He could not predict that he  would  be  denied
leave for an extended period, nor his short-notice deployment.

In support of his response, applicant provided a memo  for  record,
from the assistant deputy director.

Applicant’s complete response, with attachment, is at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  Applicant requests  five  and
one-half days of leave be restored  to  his  leave  account  as  of
2 Oct 06.  The Board considered the recommendation by the Air Force
and found no evidence of  error  or  injustice  by  the  Air  Force
causing the applicant to lose leave.  Nonetheless,  we  noted,  the
applicant had used a portion of his lost leave and was on track  to
completely exhaust all of his lost leave prior to the end of  FY06,
however, because of unit manning shortages, ops-tempo and a  short-
notice deployment, allowing the applicant to take  leave  prior  to
deployment was not possible.   The  Board  found  no  evidence  the
applicant tried to defraud the Air Force in any way and to preclude
any injustice  to  the  applicant,  we  recommend  the  applicant’s
records be corrected to the extent indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that five and  one-half
(5.5) days of leave were added  to  his  leave  account  commencing
2 October 2006.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-03435 in Executive Session on 25 January  2007,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Garry G. Sauner, Member
      Mr. James A. Wolffe, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 20 Oct 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPSO, undated.
     Exhibit D.  Letter, SAF/MRBR, dated 15 Dec 06.
     Exhibit E.  Letter, Applicant, dated 8 Jan 07.




                                   MICHAEL J. NOVEL
                                   Panel Chair



AFBCMR BC-2006-03435




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that five
and one-half (5.5) days of leave were added to his leave account
commencing 2 October 2006.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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