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AF | BCMR | CY2007 | BC-2006-03882
Original file (BC-2006-03882.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03882
                                             INDEX CODE:  121.03
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  13 JUNE 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

Five days of leave lost at the end of FY 06 be restored.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was deployed from 3 May 2006 through 13  September  2006.   Upon  return
from deployment, she returned to MacDill AFB, FL, on 13 September 2006,  and
out-processed on 15 September 2006 to PCS to Nellis AFB, NV.  She signed  in
at Nellis AFB on 18 September 2006, and was  given  her  14  days  of  post-
deployment down time since she did  not  take  it  prior  to  her  PCS  from
MacDill AFB.

In support of her appeal, she submits a copy of  a  travel  voucher  summary
dated 11 October 2006.

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

________________________________________________________________

STATEMENT OF FACTS:

During FY 06, applicant carried forward 45.5  days  of  leave  from  FY  05,
earned 30 days of leave, and used 10 days of leave, thus losing 5.5 days  of
leave at the conclusion of FY 06.

Applicant was deployed to Al Udied,  Qatar,  from  3  May  2006  through  13
September 2006.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSO recommends denial, stating that post-deployment recovery  time  is
not a valid reason for reinstatement of lost leave when accrued leave  could
have been taken in its place.  Thus, the leave was not lost due to an  error
or injustice caused by the Air Force.
The AFPC/DPSO evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  29
December 2006, for review and comment, within 30 days.  However, as of  this
date, no response has been received by this office.

________________________________________________________________

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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  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  since  she
chose to take post deployment recovery time when accrued  leave  could  have
been taken in its place.  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  Docket  Number  BC-2006-03882
in Executive Session on 6 February 2007, under the  provisions  of  AFI  36-
2603:


                       Mr. James W. Russell, III, Panel Chair
                       Ms. Mary C. Puckett, Member
                       Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Dec 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSO, dated 29 Dec 06.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Jan 07.




                                   JAMES W. RUSSELL, III
                                   Panel Chair

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