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AF | BCMR | CY2008 | BC-2008-00573
Original file (BC-2008-00573.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2008-00573
            INDEX CODE:  121.03
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His seven (7) days of lost leave for Fiscal Year 2007 (FY  07)  be  restored
to his leave account in FY 09.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was in formal training from Oct 06 to Mar  07.   He  was  sent  permanent
change of  station  (PCS)  to  Vance  AFB  in  Mar  07,  to  attend  mission
qualification training in Apr 07.  He was notified of a  365  day  temporary
duty (TDY) to Iraq in Aug 07.   He  prepared  for  the  deployment  for  the
remainder of his time at Vance.  He attended six  weeks  of  TDY  away  from
Vance, training for the deployment.  He deployed from Vance in Oct 07.   The
only opportunity he had to use his leave was in May, Jun, Jul  and  part  of
Aug.  He took as much leave as possible in August.  He would like the  leave
to be restored in FY 09 because he is serving in Iraq for all of FY 08.

In support of his request, applicant provided a Memorandum for  Record  from
the Chief  of  Training  at  Vance  AFB,  his  Oct  07  Leave  and  Earnings
Statement, copies of his TDY orders and travel vouchers for all of  his  TDY
dates in FY 07.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty, in Iraq, in the grade  of
major.  According to information provided by the Air  Force,  the  applicant
lost 7 days of leave at the end of FY 07.  He carried  forward  59  days  of
leave at the beginning of FY 07.  He earned 30 days of leave during  FY  07.
He used 22 days of leave during FY 07.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIMC recommends denial and  states  the  applicant  did  not  provide
documentation  to  indicate  he  was  denied  leave  during  the  period  in
question.  AFI 36-3003, Military  Leave  Program,  states  in  part  that  a
member must clearly establish that an error or injustice by  the  Air  Force
caused the member’s lost leave.  The member was aware from the time  he  was
notified of the 365 day TDY until his departure date for  the  TDY  that  he
would need to use seven days over the next  three  months  to  avoid  losing
leave.  The member did not provide documentation to indicate he  was  denied
leave during this time frame.

The complete DPSIMC evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 Apr 08, a copy of  the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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 injustice.  The applicant’s  contentions  are  duly
noted; however, we are not persuaded by his assertions that he was not  able
to take the seven days of leave during the period in  question.   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 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-2008-
00573 in Executive Session on 29 May 08, under the  provisions  of  AFI  36-
2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. Vance E. Lineberger, Member
      Mr. Garry G. Sauner, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
00573 was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 08, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIMC, undated.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Apr 08.
    Exhibit D.  Memorandum, Applicant’s Commander, dated 1 Apr 08.




                                             WAYNE R. GRACIE
                                             Panel Chair

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