RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03746
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 9 MAY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His four (4) days of lost leave be restored.
Examiner’s Note: According to information provided by HQ AFPC/DPSO, the
applicant actually lost three (3) days of leave at the end of FY 06.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Finance database system did not accurately track his leave information.
The information stated he could carry over 79 days of leave into FY 07.
He used this information to schedule his leave and ensure that he did not
lose any leave. His excess leave is due to his 6 month deployment in 2005.
In support of the application, the applicant submits a copy of and e-mail
message from the finance office and his leave and earnings statement (LES).
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of senior
master sergeant (E-8).
According to information provided by the Air Force office of primary
responsibility, the applicant carried forward 79 days of leave at the
beginning of FY 06, earned 30 days of leave during FY 06, and used 31 days
of leave during FY 06.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO recommends denial. DPSO affirms AFI 36-3003, Military Leave
Program, note below para 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, para 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 they accrue each year.
DPSO notes at the end of FY 06, the applicant had a balance of 78 days.
Due to his combat zone deployment, the maximum amount of leave that he is
able to automatically carry forward is 75 days. DPSO’s system shows that
the applicant’s leave was properly tracked and accounted for. DPSO opines
it is the responsibility of the service member to use/manage their accrued
leave throughout the year. DPSO concludes the lost leave was not an error
or injustice caused by the Air Force.
The complete 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 26 Jan
07 for review and comment within 30 days. As of this date, this office has
received no response (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. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. The applicant’s contentions are
duly noted; however, we do not find his uncorroborated assertions
sufficiently persuasive to override the rationale provided by the Air
Force. Therefore, 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. In the absence of persuasive evidence to the contrary, we
find no 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 AFBMCR BC-2006-03746 in
Executive Session on 14 Mar 07 under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Maureen B. Higgins, Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Nov 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPSO Letter, dated 12 Jan 07.
Exhibit D. Letter, SAF/MRBR, dated 26 Dec 07.
CHARLENE M. BRADLEY
Panel Chair
AF | BCMR | CY2007 | BC-2007-00586
During FY06, he earned 30 days of leave and used 23 days of leave. DPSO concludes the leave lost was not an error or injustice caused by the Air Force. We have noted the documents provided with the applicant’s submission; however, they do not, in our opinion, support a finding that the applicant was unable to take his accrued leave upon his return from deployment.
AF | BCMR | CY2006 | BC-2006-01037
He used 20 days of leave during FY 05. Instead, the applicant lost the 10 days accrued leave in FY 05 and was paid for 10 days leave in FY 06. While we note, the applicant has requested restoration of 20 days of leave, DPSO has indicated the applicant was paid for 10.5 days of leave upon entering his extension.
AF | BCMR | CY2007 | BC-2006-03599
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). ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPS reviewed this application and recommended denial, stating in part, member’s application must...
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According to information provided by the Air Force, the applicant actually lost 6 days (vice 18.5 days) of leave at the end of FY 05. While we note, the applicant has requested restoration of 18.5 days of leave, DPSO has indicated the applicant actually lost only 6 days of leave. NOVEL Panel Chair AFBCMR BC-2006-01121 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...
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According to information provided by the Air Force, the applicant lost 8 days of leave at the end of FY 05. The applicant was able to take his post deployment recovery time (PDRT) upon return from his TDY. Enough time was available from the date the applicant returned from his TDY (1 Feb 05) until 30 Sep 05 (end of the FY) to use the remainder of his 8 days of use/lose leave.