RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01568
INDEX CODE: 121.00
XXXXXXX XXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 19 NOV 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
Twenty-nine (29) days of leave be restored to his leave account as
of 2 Oct 07.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He lost 29 days of leave during Fiscal Year (FY) 2005. The primary
reason the leave should be restored is because USE/LOSE leave was
improperly documented on his Leave and Earnings Statement (LES)
throughout FY05. Beginning in Nov 04, his LES reflected nine days
of USE/LOSE leave; however, in May 05 his LES reflected zero and
remained so throughout the FY. In Nov 05, after the close of FY05,
the LV Lost column suddenly jumped to 29.0 days of leave. He later
found out finance did an audit and credited the leave then on the
same day took it away. He was never given an opportunity to plan
for and take the leave during the normal course of the year.
A mitigating factor to the issue was that he spent a total of 184
days temporary duty (TDY) in FY05. He was deployed from 29 Oct 05
thru 29 Jan 05 and again from 29 May 05 thru 20 Aug 05 in support
of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom
(OIF). Squadron responsibilities and flying currencies further
limited his options for taking leave.
In support of his appeal, applicant submitted a personal statement
and copies of his LES, dated from 1 Nov 04 thru 31 Dec 05.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Based on information from the Air Force, applicant’s Master
Military Pay Account (MMPA) reflects applicant lost 11 days of
leave at the end of FY05.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSO reviewed this application and recommended denial.
Applicant’s LES shows he lost 29 days of leave; however, after a
thorough review and leave computation of his records, the Defense
Finance and Accounting Service (DFAS) concluded that the applicant
only lost 11 days. There were two different leaves submitted that
were not taken and not cancelled in a timely manner that caused the
applicant’s leave balance to be reflected incorrectly. Applicant
was deployed in support of OEF/OIF from 21 Oct 04 – 29 Jan 05 and
30 May 05 – 24 Aug 05, respectively. His supporting roles in these
deployments prevented the applicant from taking all of his accrued
leave prior to the end of FY05. Therefore, it is recommended that
11 days of leave be restored.
HQ AFPC/DPSO’s complete evaluation, with attachments, is at Exhibit
B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 20 Jun 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 29 days of
leave be restored to his leave account as of 2 Oct 07. The Board
noted it appears there were two different leaves submitted that
were not taken and not cancelled in a timely manner that caused the
applicant’s leave balance to be reflected incorrectly. However, we
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 in support of Operation ENDURING FREEDOM and Operation
IRAQI FREEDOM, for a total of 184 days during FY05. 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 eleven (11) days
of leave were added to his leave account commencing 2 October 2007.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2007-01568 in Executive Session on 2 August 2007, under the
provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Jan Mulligan, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Apr 07, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSO, dated 18 Jun 07, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 20 Jun 07.
WAYNE R. GRACIE
Panel Chair
AFBCMR BC-2007-01568
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
eleven (11) days of leave were added to his leave account
commencing 2 October 2007.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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