RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03058
INDEX CODE: 121.00
XXXXXXXXXXXXXXXXXX COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be restored 17.5 days of leave lost at the end of fiscal year 2007
(FY07).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He lost 17.5 days of leave due to mission requirements.
In support of his application, the applicant provides copies of his
retirement order, concurrence from his commander, two leave requests, and
electronic correspondence from his military personnel flight.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the military personnel data system, the applicant is currently
serving on active duty in the grade of lieutenant colonel with an effective
date and date of rank of 24 February 2003. He has a Total Active Federal
Military Service Date of 27 October 1987 and a Total Active Federal
Commissioned Service Date of 14 February 1991. The applicant has a
projected date of separation of 31 December 2007 for the purpose of
retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSI recommends approval for restoration of eight (8) days of leave.
DPSI states that according to the Defense Finance and Accounting Service
(DFAS) system, the applicant lost eight (8) days of leave at the end of
FY07. He carried forward 60 days of leave at the beginning of FY07, earned
30 days of leave during FY07, and used 22 days of leave during FY07. As
the only Ophthalmologist in the New Mexico and Arizona region, the
applicant’s clinical load prevented him from using all accrued leave. The
applicant’s commander verified that due to the clinical demands the
applicant ended the FY in a use/lose status.
The DPSI evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6
October 2007 for review and comment within 30 days. 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 an error or an injustice. We note the applicant’s contention
that he lost 17.5 days of unused leave due to mission requirements;
however, the Air Force office of primary responsibility indicates the
applicant’s pay records confirm he only lost 8 days of unused leave. DFAS
states the applicant’s leave record was administratively corrected to
restore the 8 days of unused leave in October 2007 in order for the
applicant to use in conjunction with his terminal leave. Therefore, since
it appears the applicant has already been compensated for his unused leave,
the Board is of the opinion that no further correction is warranted.
However, if the applicant has evidence to the contrary that’s entitles him
to more than the eight days of unused leave, the Board will consider his
evidence when submitted. Therefore, in the absence of evidence to the
contrary, we find no compelling 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 this application in Executive
Session on 21 December 2007, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Audrey Y. Davis, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2007-03058:
Exhibit A. DD Form 149, dated 19 Sep 07, w/atchs.
Exhibit B. Letter, AFPC/DPSI, dated 1 Oct 07.
Exhibit C. Letter, SAF/MRBR, dated 6 Oct 07.
CHARLENE M. BRADLEY
Panel Chair
AF | BCMR | CY2007 | BC 2007 03602
He used 28 days of leaving during FY07. However, the Air Force has indicated that he was authorized to carry forward 59 days of leave at the beginning of FY07, used 28 days during FY07, and therefore, only lost 1 day of leave at the end of FY07. The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-03602: Exhibit A. DD Form 149, dated 16 Oct 07, w/atchs.
AF | BCMR | CY2008 | BC-2007-03947
INDEX CODE: 121.03 AFBCMR BC-2007-03947 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Members of the Board, Ms. Charlene M. Bradley, Ms. Patricia R. Collins, and Ms. Audrey Y. Davis, considered...
AF | BCMR | CY2006 | BC-2006-02358
On 1 Sep 05, he showed his Leave and Earnings Statement (LES) to Finance; it reflected 20 days use/lose. According to HQ AFPC/DPSOO (Exhibit B), the applicant carried forward 69 days of leave at the beginning of Fiscal Year 2005 (FY05) (9 days of leave were previously restored via SLA). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its...
AF | BCMR | CY2007 | BC-2006-03746
Examiner’s Note: According to information provided by HQ AFPC/DPSO, the applicant actually lost three (3) days of leave at the end of FY 06. According to information provided by the Air Force office of primary responsibility, the applicant carried forward 79 days of leave at the beginning of FY 06, earned 30 days of leave during FY 06, and used 31 days of leave during FY 06. DPSO concludes the lost leave was not an error or injustice caused by the Air Force.
AF | BCMR | CY2006 | BC-2006-00815
He used six days of leave during FY05. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPF recommends partial relief by restoring 17 days of leave. They recommend 17 days of leave be restored because the applicant returned in time from his short-notice deployment to take seven days of leave before FY05 ended.
AF | BCMR | CY2006 | BC-2006-00867
As he had a one- day break in service, by regulation, he had to sell his leave as part of his out processing from the Regular Air Force. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant contends the Air Force forced him to take a break in service of one day thereby leading to his having to sell his leave prior to accepting an appointment in the ANG. Other officers hired after him from active duty have not had a break...
AF | BCMR | CY2008 | BC-2007-03966
INDEX CODE: 121.03 AFBCMR BC-2007-03966 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXXXXXXXXXXXXXXXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be...
AF | BCMR | CY2008 | BC-2007-03274
The date of rank for promotion on the captain’s list will be the date the officers complete two years time in grade or upon the Secretary of Defense’s approval, or upon the public release date, whichever is later. Regardless of the fact that the applicant completed two years TIG for promotion on 22 Nov 06, he could not be promoted until 24 Jan 07, the date of public release. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the...
AF | BCMR | CY2009 | BC-2008-02862
In support of his appeal, the applicant provides expanded statements, documentation pertaining to his indebtedness, previous Board decisions, and other documents associated with the matter under review. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends...
AF | BCMR | CY2008 | BC-2007-03973
AFBCMR BC-2007-03973 INDEX CODE: 121.03 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Staff and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the accompanying Memorandum for the...