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AF | BCMR | CY2007 | BC-2006-03601
Original file (BC-2006-03601.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03601
                                       INDEX CODE:  121.00
      XXXXXXXXXXXXXXXXXXXXX             COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  25 May 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be restored five and one half (5.5) days of leave  lost  at  the  end  of
Fiscal Year 2006 (FY06).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He lost 5.5 days of leave due to his  deployment  to  Afghanistan.   He  was
unable to take leave, even after his return, due  to  mission  requirements.
He was told the leave would be “rolled  over”  due  to  his  temporary  duty
(TDY) length, location, and mission restrictions.

In support of his application, the applicant provides a  copy  of  his  DFAS
Form  701,  Defense  Finance  and  Accounting  Service  military  Leave  and
Earnings Statement, for the period 1-31 October 2006.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of  technical
sergeant with a date of rank of 1 September 2005.   The  Military  Personnel
Database (MilPDS)  indicates  the  applicant  has  a  Total  Active  Federal
Military Service Date of 5 June 1991 and a projected Date of  Separation  of
3 June 2009.

The applicant’s DFAS Form  701  indicates  a  combat  zone  leave  carryover
balance of 71.5 which expires on 30 September 2009 and a  tax  exempt  leave
balance of 5.5.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSO recommends denying the applicant’s request.  DPSO states that  the
applicant actually lost 6.5 days of leave at the end of  FY06.   He  carried
forward 60 days of leave at the beginning of FY06  and  earned  30  days  of
leave during FY06. He used 12 days of leave during FY06.

DPSO states that Air Force  Instruction  36-3003,  Military  Leave  Program,
indicates that members must clearly establish that  an  error  or  injustice
caused by the  Air  Force  resulted  in  their  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
fiscal year and encourages them to use 30  days  of  leave.   The  applicant
states he lost 5.5 days of leave due to his deployment from 13 January  2006
through 21 May 2006.  However, he did not  submit  documentation  supporting
his claim.  On 7 December  2006,  DPSO  requested  supporting  documentation
from the applicant;  however,  the  applicant  did  not  respond.   With  no
evidence  presented  to  support  his  claim,  DPSO   concludes   that   the
applicant’s lost leave was not due to an error or injustice  caused  by  the
Air Force.

The DPSO 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  9
February 2007 for review and comment within 30 days.  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.  We note the  applicant’s  contention
that he was unable to use 5.5 days of leave  due  to  mission  requirements;
however he has not provided letters of support from his chain of command  or
other evidence to support this assertion.  After reviewing the  evidence  of
record and the applicant's complete submission in judging the merits of  the
case, we agree with the opinion and recommendation of the Air  Force  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.  Therefore, in the absence of evidence to the contrary,  we  find
no compelling  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 this application in  Executive
Session on 4 April 2007, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Judith B. Oliva, Member
                 Ms. Renee M. Collier, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-03601:

      Exhibit A.  DD Form 149, dated 16 Nov 06, with attachment.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPSO, dated 2 Feb 07.
      Exhibit D.  Letter, SAF/MRBR, dated 9 Feb 07.




                                                   THOMAS S. MARKIEWICZ
                                                   Chair

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