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AF | BCMR | CY2007 | BC-2006-03746
Original file (BC-2006-03746.doc) Auto-classification: Denied

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


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