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AF | BCMR | CY2007 | BC-2007-00586
Original file (BC-2007-00586.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00586
            INDEX CODE: 121.03
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 AUGUST 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Four (4) days of lost leave be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Days were lost primarily due to his  2  January  2006  through  7  May  2006
deployment, during which time he was not authorized to  take  normal  leave.
Out-processing for his assignment to Tinker AFB absorbed the period of  time
following his reconstitution days.  At his new command, he was obligated  to
address numerous issues that, if  left  unattended,  could  have  negatively
impacted the wing’s overall mission.  He did take leave  during  the  months
of July and September in an effort to offset the overage.

In support of his request, applicant provides a personal statement,  a  copy
of his Travel Voucher Summary, Military Leave  and  Earnings  Statement  for
the month of November and  other  associated  documents  pertaining  to  his
leave.   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  colonel,
with an effective date and date of rank  of  1  July  2004.   The  following
information was extracted from documents provided by the applicant  (Exhibit
A):

TDY Order No. TE0134, dated 21 Dec 04,  ordered  the  applicant  TDY  for  a
special  mission  for  approximately  130  days,  proceeding  on  or   about
2 January 2006.

The applicant carried forward 57 days of leave  at  the  beginning  of  FY06
(1 Oct 06); the maximum amount of leave that  can  be  carried  over  is  60
days.  During FY06, he earned 30 days of leave and used 23  days  of  leave.
He lost 4 days of leave at the end of FY06 (30 Sep 06).
_________________________________________________________________
AIR FORCE EVALUATION:

HQ AFPC/DPSO recommends denial.  AFI 36-3003, Military Leave  Program,  note
below para. 10.9.7.,  states  in  part  that  a  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.  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.   DPSO
states the member was deployed from 1 January 2006  –  4  May  2006,  to  Al
Dhafra, UAE.  Post deployment recovery  time  is  not  a  valid  reason  for
reinstatement of lost leave when accrued leave could have been taken in  its
place.  DPSO concludes the leave lost was not an error or  injustice  caused
by the Air Force.

The complete HQ AFPC/DPSO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 13 April 2007 for review and comment within 30 days (Exhibit C).   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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  We have noted the documents provided  with
the applicant’s submission; however, they do not, in our opinion, support  a
finding that the applicant was unable to take his  accrued  leave  upon  his
return  from  deployment.   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  Docket  Number  BC-2007-00586
in Executive Session on 22 May 2007, under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Teri G. Spoutz, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00586 was considered:

    Exhibit A.  DD Form 149, dated 9 Feb 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPSO, dated 26 Mar 07.
    Exhibit C.  Letter, SAF/MRBR, dated 13 Apr 07.





                              LAURENCE M. GRONER
                              Panel Chair

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