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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