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AF | BCMR | CY2008 | BC-2008-00306
Original file (BC-2008-00306.doc) Auto-classification: Approved

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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