RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00372
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 AUG 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
19.5 days of leave be restored to his current leave balance.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to take leave due to his deployment of 145 days in support of
the Global War on Terrorism during the time period 30 April through 21
September 2006.
In support of his request, the applicant provided a temporary duty order
(TDY) Special Order TE-0364 and Leave and Earnings Statements (LESs).
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving in the Regular Air Force in the grade of
master sergeant effective and with a date of rank (DOR) of 1 January 2001.
Applicant lost 19.5 days of leave at the end of FY06. He carried forward
59.5 days of leave at the beginning of FY06. He earned 30 days of leave
during FY06. He used 10 days of leave during FY06.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSO recommends partial relief to restore 16.5 days of leave. DPSO
states that prior to his deployment to Niscemi, Italy, from 30 April
through 21 September 2006, the applicant was able to use 10 days of leave.
The member also used three days of post deployment recovery time in FY06.
Due to his short notice deployment, the applicant was unable to use all his
accrued/projected leave prior to the end of FY06. Post Deployment Recovery
Time (PDRT) is not a valid reason for reinstatement of lost leave when
accrued leave could have been taken in its place. Therefore, three days of
post deployment recovery time the applicant used will not be restored.
The DPSO complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 March 2007, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit D). 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. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting partial relief. The
applicant requests restoration of 19.5 days of leave. After reviewing the
evidence of record, along with the applicant's submission, it appears that
the applicant was unable to use leave due to mission commitments and we
agree with the Air Force office of primary responsibility's recommendation
that 16.5 days should be restored to his leave account. We are not
persuaded by the evidence presented that the remaining three days should be
restored. Applicant states he was unable to take leave prior to the end of
the fiscal year; however, it appears he had an opportunity to use leave
after his deployment but elected to take post deployment recovery time
instead. Therefore, we do not believe it would be justifiable to restore
the additional three days of lost leave. Accordingly, we agree with the
opinion of the Air Force and adopt its rationale as the basis for our
recommendation that only 16.5 days be restored to his leave account.
Therefore, we recommend his records be corrected to the extent indicated
below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that 16.5 days of annual leave were
added to his current leave balance.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2007-
00372 in Executive Session on 12 April 2007 provisions of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Patrick C. Daugherty, Member
Mr. Todd L. Schafer, Member
All members voted to correct the records pertaining to AFBCMR Docket Number
BC-2007-00372 as recommended. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 30 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSO, dated 26 Feb 07.
Exhibit D. Letter, SAF/MRBR, dated 2 Mar 07.
Exhibit E. Letter, Applicant, dated 2 Oct 06.
KATHY L. BOOCKHOLDT
Panel Chair
AFBCMR BC-2007-00372
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 Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to , be corrected to show that 16.5 days of annual leave were
added to his current leave balance.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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