RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02957
INDEX CODE: 128.14
XXXXXXX . COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His leave balance be corrected.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was hired with the Utah Air National Guard (UANG) and was not able to
take leave in his previous unit due to mission needs.
In support of his request the applicant provided Special Order AQ-316, a
memorandum from his commander and documentation associated with his
enlistment in the ANG.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged from the Louisiana Army and Air National Guard
(LAANG) on 31 July 2007. On 1 August 2007, he enlisted in the UANG in the
grade of senior master sergeant.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends denial. A1PS states members who are unable to use
leave due to military necessity may accumulate up to a maximum of 60 days
by the end of a fiscal year (FY) in accordance with AFI 36-3003, Military
Leave Program. Additional accrual may be authorized under Special Leave
Accrual (SLA) provisions in AFI 36-3003, Section E. If reinstatement of
the missing days can be made without going over this limit, then the
applicant can visit his servicing Finance office and they will submit a
case file to Defense Accounting and Finance Services (DFAS) to reinstate
the days. If the reinstatement would cause him to go over the maximum
allowed number of accumulated days and if he's not eligible for SLA, he can
then request recovery of days lost on 1 October 2007 via Correction of
Military Records under the provisions of Title 10. However, in accordance
with AFI 36-3003 para 4.4.2, the application must establish that an error
or injustice by the Air Force caused the lost leave or that military
necessity precluded taking leave before 1 October 2007. After careful
review, A1PS has determined there is no evidence in the case to support
that an error or injustice by the Air Force caused his lost leave or that
military necessity precluded him taking leave before 1 October 2007.
The complete A1PS 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 19
October 2007 for review and comment within 30 days. As of this date, this
office has received no response (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 had been presented to demonstrate the
existence of an injustice. After consideration of the applicant's
submission, it is our opinion that corrective action in this case is
warranted. In this regard, in spite of the lack of evidence supporting his
request, given the high operations tempo the ANG is currently experiencing,
we do not find it unreasonable to believe his contention that he was not
allowed to take leave prior to departure from his previous unit due to
mission requirements. The advisory authors themselves stated that his new
unit confirmed that he was unable to take any leave upon his arrival.
Accordingly, it is our opinion that the applicant has established
reasonable doubt and we believe any doubt in this matter should be resolved
in his favor. In view of the foregoing, we recommend his records be
corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that nine (9) days of leave were added
to his current leave balance.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2007-
02957 in Executive Session on 27 November 2007, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Debra K. Walker, Member
Mr. Kurt R. LaFrance, Member
All members voted to correct the records, as recommended. The following
documentary evidence pertaining to AFBCMR Docket Number BC-2007-02957 was
considered:
Exhibit A. DD Form 149, dated 5 September 2007, w/atchs.
Exhibit B. Letter, NBG/A1PS, dated 16 October 2007, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 19 October 2007.
THOMAS S. MARKIEWICZ
Chair
[pic]
Office of the Assistant Secretary
BC-2007-02957
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 nine (9) days of
leave were added to his current leave balance.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
[pic]
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