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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