RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00129
INDEX CODE: 111.05
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to restore (5) days of leave.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was miscounseled on the leave program and would have taken
more leave rather than lose it if she had been provided the
correct information. She showed due diligence in her efforts to
gather information on the leave program to enable her to make an
informed decision.
In support of the request, the applicant submits a travel
voucher summary, emails related to her request, and copies of
her DFAS Form 702, Defense Finance and Accounting Service
Military Leave and Earnings Statement.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant currently serves in the Regular Air Force in the
grade of lieutenant colonel.
She completed a 365 day extended deployment from 17 Aug 05 to
17 Aug 06. She lost 2.5 days of leave at the beginning of
Fiscal Year 2007. On 30 Oct 07, a request for special leave
accrual (SLA) was submitted on the applicants behalf, which
resulted in 2.5 days of lost leave being restored. She lost an
additional 5 days of leave concurrently. The Defense Finance
and Accounting Service (DFAS) restored an additional 2.5 days of
lost leave between 7 Dec 07 through 12 Dec 07.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIMC recommends denial. DPSIMC states, in part, the
applicant did not provide sufficient justification for the
period of 18 Aug 06 to 1 Oct 06. In addition, DFAS restored 2.5
days of lost leave twice, although the applicant requested 2.5
days of lost leave a year later.
Additionally, in accordance with AFI 36-3003, Military Leave
Program, paragraph 10.1, members are ineligible for SLA
consideration if they returned from deployment and had the
opportunity to use leave, but failed to do so. Per DoD FMR, Volume 7A, Chapter 35, Leave Accounting, para b.3, if at any
time the leave balance drops to or goes below 60 days prior to
1 Oct 08, then there is no longer any SLA protected leave. The
applicant dropped below 60 days to 58 days during leave period
from 19 Aug 08 through 24 Aug 08. As a result, she did not have
any more protected leave.
The complete DPSIMC evaluation, with attachment, is at
Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 9 Apr 10, for review and comment within 30 days.
As of this date, no response has been received by this
office (Exhibit C).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. 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
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. Therefore, 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 AFBCMR Docket
Number BC-2010-00129 in Executive Session on 23 Sep 10, under
the provisions of AFI 36-2603:
Ms. ----------, Panel Chair
Ms. ----------, Member
Mr. ----------, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Dec 09, w/atchs.
Exhibit B. Letter, AFPC/DPSIMC, dated 29 Mar 10.
Exhibit C. Letter, SAF/MRBR, dated 9 Apr 10.
----------------
Panel Chair
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