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AF | BCMR | CY2007 | BC-2006-03600
Original file (BC-2006-03600.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03600
            INDEX CODE:  121.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 MAY 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

Two days of leave be added to her current leave balance.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During the time period 13 January 2006 to 21 May 2006 she was deployed to  a
combat zone and therefore incurred a combat zone  leave  carryover  balance.
Due to mission requirements  she  was  not  able  to  take  leave  once  she
returned home.

In support of her request, the applicant provided a copy of  her  leave  and
earnings statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 15  March  2000  in  the  grade  of  airman
basic.  She was progressively  promoted  to  the  grade  of  staff  sergeant
having assumed that grade effective and with a date of rank  of  1  December
2005.

Applicant lost two days of leave at the end of FY06.   She  carried  forward
56.5 days of leave at the beginning of FY06.  She earned 30  days  of  leave
during FY06.  She used 21 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.  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.   Lost
leave was not an error or injustice caused by the Air Force.

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).  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 an  injustice.   After  reviewing  the  applicant’s
submission  and  the  evidence  of  record,  we  are  not   persuaded   that
restoration of two days of leave lost during Fiscal Year 2006 is  warranted.
 It appears the  applicant  was  deployed  from  January  to  May  2006  and
contends that she was unable to  use  leave  after  returning  home  due  to
mission requirements.  We are not  convinced  the  applicant  did  not  have
ample time in which to use her  accrued  leave  during  the  contested  time
period.  Nor has she provided any evidence which would lead  us  to  believe
otherwise.  Therefore, we agree with the office  of  primary  responsibility
and adopt its rationale as the basis for our conclusion that  the  applicant
has not been the victim of  an  error  or  injustice.   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 an 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-
03600 in Executive Session on 8 February 2007, under the provisions  of  AFI
36-2603:

                 Ms. Kathy L. Boockholdt, Panel Chair
                 Ms. Teri G. Spoutz, Member
                 Mr. Charlie E. Williams Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Nov 06, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSO, dated 21 Dec 06.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Jan 07.




                 KATHY L. BOOCKHOLDT
                 Panel Chair


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