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AF | BCMR | CY2008 | BC-2007-02719
Original file (BC-2007-02719.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02719
            INDEX CODE: 121.03
      XXXXXXXXXXXX     COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Fourteen (14) days of lost leave be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he returned from his deployment he was not briefed  by  his  Commanders
Support Staff (CSS) that he needed to take his 14 days use/lose  instead  of
taking a week of “down-time.”  His deployment was only 83 days long  and  he
was only allowed 7 days of R&R.

In support of his request, applicant provides a  supporting  statement,  and
documents associated with his leave request.

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  staff
sergeant, with an effective date and date of rank of 1 Oct 03.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSO recommends denial.  AFI 36-3003, Military Leave  Program,  note
below paragraph 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, paragraph 4.1.4. recommends  members  be
given the opportunity to take at least one leave period  of  14  consecutive
days or more each fiscal year and encourages them to  use  the  30  days  of
leave.  DPSO states the applicant’s CSS submitted a request  to  restore  11
out of the 25 days lost.  The 11 days were approved and  restored  by  DFAS.
The applicant returned from his deployment in enough time to  take  14  days
of leave.   The complete HQ AFPC/DPSO evaluation is at Exhibit C.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19  Oct
07 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-2007-02719
in Executive Session on 3 Jan 08, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly Panel Chair
                 Mr. Joseph D. Yount, Member
                 Ms. Teri G. Spoutz, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
02719 was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 08, w/atchs.
    Exhibit B.  Letter, AFPC/DPSO, dated 14 Sep 07.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Oct 07.





                              MICHAEL K. GALLOGLY
                              Panel Chair

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