RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00526
INDEX CODE: 121.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 26 AUG 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
Fifteen (15) days of leave be restored to his leave account as of
2 Oct 06.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He lost 20 days of leave during Fiscal Year (FY) 2005. Applicant
requested leave be reinstated through HQ AFPC through the Air
Combat Command (ACC) Special Leave Accrual (SLA) guidelines but was
advised he was not eligible because he was not deployed for
60 continuous days in support of Operation IRAQI FREEDOM (OIF).
Applicant was deployed two times during FY05 for 57 and 59 days;
however, ACC SLA guidelines do not take under consideration airman
that deploy multiple times per FY. His commander supports
reinstatement of 15 of the 20 days lost during FY05.
In support of his appeal, applicant submitted a personal statement;
a copy of his letter from his commander, dated 1 Aug 06 and email
correspondence, dated 30 Jan 07.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Based on information from the Air Force, applicant’s Master
Military Pay Account (MMPA) reflects applicant lost 20 days of
leave at the end of FY05. He carried forward 60 days of leave at
the beginning of FY05. He earned 30 days of leave during FY05. He
used 10 days of leave during FY05.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO reviewed this application and recommended denial,
stating, in part, AFI 36-3003, Military Leave Program, note below
para 10.9.7, 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 member 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. Although the member was deployed from 11 Dec 04 – 4 Feb 05,
and again from 27 Jul 05 – 19 Sep 05, there is no compelling
evidence or supporting documentation to show that the member was
prevented from taking leave throughout FY05.
HQ AFPC/DPSO’s complete evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 9 Mar 07 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
___________________________________________________________________
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 error or injustice. Applicant requests fifteen
days of leave be restored to his leave account as of 2 Oct 06. The
Board considered the recommendation by the Air Force and found no
evidence of error or injustice by the Air Force causing the
applicant to lose leave. Nonetheless, we noted, the applicant was
deployed two times in support of Operation IRAQI FREEDOM, one for
57 days and another for 59 days. Therefore, to preclude any
possibility of an injustice to the applicant, we recommend the
applicant’s records be corrected to the extent indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that fifteen days of
leave were added to his leave account commencing 2 October 2006.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2007-00526 in Executive Session on 26 April 2007, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Gregory A. Parker, Member
Mr. James L. Sommer, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Feb 07, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSO, dated 6 Mar 07.
Exhibit C. Letter, SAF/MRBR, dated 9 Mar 07.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2007-00526
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 XXXXXXX, XXXXXXX, be corrected to show that
fifteen days of leave were added to his leave account commencing
2 October 2006.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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