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AF | BCMR | CY2007 | BC-2007-00372
Original file (BC-2007-00372.doc) Auto-classification: Approved


                            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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