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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