RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00306
INDEX CODE: 121.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The thirty-seven (37) days of leave she used during May 2005 be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 6 Apr 05, she was notified of her assignment to RAF Lakenheath, England,
with a Report Not Later Than Date (RNLTD) of 31 May 05. Her spouse was
unable to obtain passports for their children without her being present;
therefore, she took 30 days leave commencing on 21 Apr 05. The base
passport agent was on emergency leave and there was no one else able to
process passports. Her husband departed for England in May. She
subsequently received her passports; however, she had to use 67 days of
leave of which 37 were completely out of her control. She was given an
unattainable goal with her RNLTD.
In support of the application, she submits a copy of her PCS orders and
electronic mail traffic messages.
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 technical
sergeant. According to information provided by the Air Force office of
primary responsibility, she carried forward 52.5 days at the beginning of
Fiscal Year 05. The applicant was charged leave from 21 Apr 05 thru 21 Jun
05 – a total of 62 days.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIMC recommends denial. DPSIMC states the applicant and her
spouse requested a joint spouse assignment with a RNLTD of 31 May 05.
DPSIMC opines this was done despite the fact that neither parent had the
required documents for their dependent children to travel to the United
Kingdom. The timeline provided indicates only 10 days lost in obtaining
service from the base passport agent. In addition, the applicant provided
no evidence as to what actions were taken with the Military Personnel
Flight leadership to resolve the issue before traveling to another base.
At the time the applicant emailed her sponsor (1 May 05), she was aware the
passport/visa issue would take 4-6 weeks to resolve and requested a delayed
RNLTD and additional leave to resolve the situation. DPSIMC opines the
applicant placed herself in an unrealistic position to complete the
assignment paperwork and concluded she was properly charged leave.
The complete DPSIMC 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 22 Feb
08 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 has been presented to demonstrate the
existence of an error or an injustice regarding applicant’s leave. We
noted her contentions, however we agree with the opinion of the Air Force
office of primary responsibility and adopt its rationale as the basis for
our conclusion that she lost only 10 days of leave while obtaining passport
services. In this respect, we agree that only 10 days of leave should be
restored. Accordingly, we recommend that the records be corrected to the
extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that ten (10) days of leave were added
to her leave account commencing 2 October 2008.
___________________________________________________________________
The following members of the Board considered this application in Executive
Session on 19 Jun 08, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Janet I. Hassan, Member
Ms. Vinita J. Veneziano-Martin, Member
The following documentary evidence was considered in BC-2008-00306:
Exhibit A. DD Form 149, dated 9 Jan 08, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIMC, undated.
Exhibit C. Letter, SAF/MRBR, dated 22 Feb 08.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2008-00306
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 APPLICANT, be corrected to show that ten (10) days of leave
were added to her leave account commencing 2 October 2008.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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