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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