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AF | BCMR | CY2011 | BC 2011 03307
Original file (BC 2011 03307.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2011-03307
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His leave be restored.

________________________________________________________________

APPLICANT CONTENDS THAT:

His unit was minimally manned and assigned personnel were not allowed to take adequate leave.  The first sergeant submitted requests for multiple personnel; however, the requests were denied.  Personnel were advised that submitting a request to the Air Force Board for Correction of Military Records would restore their leave.

The applicant did not provide any documentation in support of his request.  His complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of captain.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial.  On 26 Sep 11, the applicant was sent a letter requesting additional documentation to support his claim.  Specifically, the amount of leave he lost, the fiscal year that he lost the leave, and a letter from his commander stating he was not provided the opportunity to use leave or documentation revealing he was denied leave due to mission requirements.  However, the applicant failed to submit the requested supporting documentation.

AFI 36-3003, Military Leave Program, states in part that the wing commander or equivalent approves special leave accrual for their organization. The member’s application for restoration of lost leave must clearly establish that an error or injustice by the Air Force caused the member’s lost leave.

IAW AFI 36-2603, Air Force Board for Correction of Military Records, the applicant has the burden of providing sufficient evidence of material error or injustice.

The complete DPSIM 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 29 Dec 11, for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response.

________________________________________________________________

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 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 this application in Executive Session on 28 Feb 12, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered in AFBCMR BC-2011-03307:

    Exhibit A.  DD Form 149, dated 19 Aug 11.
    Exhibit B.  Letter, AFPC/DPSIM, dated 15 Dec 11.
    Exhibit C.  Letter, SAF/MRBR, dated 29 Dec 11.



                                   
                                   Panel Chair

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