RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03599
INDEX CODE: 121.03
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 MAY 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
Ten (10) days of leave be restored to his leave account as of
2 Oct 06.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His supervisor denied his opportunity to take his use/lose leave
prior to his permanent change of station (PCS) because he was
required to provide continuity and training in her absence.
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). He carried forward 67 days
of leave at the beginning of FY06, earned 30 days and used 27 days.
Based on information provided by the Defense Accounting and Finance
Service (DFAS), applicant’s MMPA reflects 28 days of used leave
during FY06.
___________________________________________________________________
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 applicant was denied leave based on mission
requirements needing his expertise in the months of August and
September. Considering the applicant did not deploy and no
compelling evidence suggesting he was unable to take 10 days from
Oct 05 – Aug 06 has been presented, they concluded no error or
injustice had been caused by the Air Force.
HQ AFPC/DPS’s complete 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 15 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. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. Applicant requests ten 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. Additionally, based on the information
from DFAS, the applicant’s MMPA account should reflect nine (9)
days lost versus ten (10) days. Nonetheless, we noted, the
applicant had used a portion of his lost leave and was on track to
completely exhausting all of his lost leave prior to the end of
FY06; however, because of his unit’s manning strength and mission
critical requirements, allowing the applicant to take leave prior
to the fiscal year end would have had a detrimental effect on the
unit’s mission. The Board found no evidence the applicant tried to
defraud the Air Force in any way and recommends 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 nine (9) days of
leave were added to his leave account commencing 2 October 2006.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2006-03599 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 12 Nov 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSO, dated 8 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 15 Dec 06.
Exhibit E. Letter, Applicant, dated 10 Jan 07.
MICHAEL J. NOVEL
Panel Chair
AFBCMR BC-2006-03599
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 nine
(9) 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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