RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00465
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Twenty-three (23) days of leave be restored to her leave
account.
________________________________________________________________
APPLICANT CONTENDS THAT:
While assigned to CENTCOM, she traveled with the commander, each
of five years, 250-270 days a year to an imminent
danger/hazardous duty area. Her tour there was from Aug 2002-
Jun 2007 and she held that travel schedule throughout her time
there. During that time, taking leave was almost impossible due
to the constant battle rhythm, both stateside and overseas.
Secretary of Defense Policy at that time authorized her Special
Leave Accrual (SLA). She fell into the category of 4 years SLA
for 120 days carryover from her last deployment date, Feb 07.
In Fiscal Year 2007 (FY07) and FY08, she requested SLA and was
approved to carryover 120 days of leave. She continued to
aggressively utilize her leave as much as her job allowed. Due
to the large backlog she again requested SLA in FY09. However,
she came to understand that her SLA request in FY09 was lost
when she changed jobs and was informed in Oct 09 that she had to
either sell back or lose 10 days of leave. On the advice of her
Military Personnel Flight (MPF), she sold back the 10 days. No
mention was made of her additional leave being in jeopardy and
in Nov 09, she looked at her Leave and Earnings Statement (LES)
and noticed that she had lost 23 days of leave.
She has been operating with the understanding that she qualified
for 4 years, 120 days, SLA carry over and that balance would
remain until FYll. She has actively tried to get her leave
balance down as her leave request will show. She earned the
leave and should not be stripped of that benefit due to
confusion or a mistake. She respectfully requests the Board
consider reinstating the 23 days lost at the end of FY09 or give
her the option to at least sell those lost day's back.
In support of her appeal, the applicant provides copies of her
Leave and Earnings Statements (LESs) for the contested period
and other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 26 May 11, a letter was sent to the applicant requesting
additional documentation to substantiate her request.
Specifically, a letter endorsed by her commander stating that
she was not provided the opportunity to use leave or
documentation revealing that she was denied leave due to mission
requirements. AFPC/DPSIM, Special Programs, did not receive a
response from the applicant.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM reviewed this application and recommends denial,
stating, in part, that their recommendation was due to the
applicant's inability to provide sufficient evidence of material
error or injustice.
AFI 36-3003, Military Leave Program, paragraph 10.7 states the
wing commander, MAJCOM or FOA/A1 or equivalent (colonel or
above) approves SLA for their organization. Additionally,
paragraph 10.9.8, states in part that member's application must
clearly establish that an error or injustice by the Air Force
caused the member's lost leave. Paragraph 4.3 also states that
unit commanders can disapprove leave requests due to military
necessity or in the best interest of the Air Force.
In accordance with (IAW) AFI 36-2603, Air Force Board for
Correction of Military Records paragraph 4.1, the applicant has
the burden of providing sufficient evidence of material error or
injustice.
The complete AFPC/DPSIM evaluation, with attachment, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 23 Sep 11 for review and response within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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. In addition, should
the applicant provide the specific information requested we
would be inclined to reconsider her appeal. In view of the
above and 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-00465 in Executive Session on 5 December 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jan 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 9 Sep 11, w/atch.
Exhibit D. Letter, AFBCMR, dated 23 Sep 11.
Panel Chair
AF | BCMR | CY2013 | BC-2012-01612
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-01612 COUNSEL: NO HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His 4 days of lost leave be restored. AFI 36-3003, Military Leave Program, explains SLA shall not be a means to authorize the accumulation of leave in excess of 60 days (75 days from 1 October 2008 through 30 September 2013) when it is a result of the...
AF | BCMR | CY2014 | BC 2014 00868
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice that warrants restoring 2.5 days of leave to the applicants records. If, at any time, the leave balance drops to or goes below 60 days (75 days during the period 1 Oct 08 to 30 Sep 15), then...
AF | BCMR | CY2012 | BC-2012-03471
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03471 COUNSEL: NO HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His 17 days of lost leave be restored, or as an alternative, he be allowed to sell back 15 days of leave. AFI 36-3003, Military Leave Program, explains Special Leave Accrual (SLA) allows members who are faced with circumstances that prohibit...
AF | BCMR | CY2012 | BC 2012 01775
According to the information provided by the Air Force office of primary responsibility the applicant carried forward 63.5 days of leave at the beginning of FY 2010. 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. Exhibit C....
AF | BCMR | CY2012 | BC-2012-01302
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-01302 COUNSEL: NONE HEARING DESIRED: YES IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: The 27 days of leave she lost at the end of fiscal year (FY) 2011 be restored. _________________________________________________________________ APPLICANT CONTENDS THAT: She was unable to use 27 days of leave due to her being deployed in support of...
AF | BCMR | CY2011 | BC-2011-03925
This extension was completed, signed, and approved in Mar 2009; however, the local personnel office said they could not update the system until 1 Dec 2009, which was the first day of her extension. In this regard, we note that DPSIM initially recommended disapproval of the applicants request; however, after reviewing the extension paperwork, DPSIM now recommends 17.5 days of leave be restored to her leave account and we agree. ...
AF | BCMR | CY2012 | BC-2012-04787
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary which is attached at Exhibits C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial, indicating the applicant has not demonstrated a clear error or injustice. If at any time the leave balance drops to or goes below 75 days, then there is no longer any SLA protected leave. ...
AF | BCMR | CY2005 | BC-2005-01888
Applicant requests 60 days of leave be restored to his leave account and he be entitled to sell his leave upon his 1 May 2005 retirement. The Air Force has recommended restoring 60 days to the applicant’s leave account. In reviewing the applicant’s MMPA, DFAS determined, however, that the applicant’s account should have reflected 26.5 days of leave at the time of his retirement.
AF | BCMR | CY2012 | BC-2012-01027
DOCKET NUMBER: BC-2012-01027 COUNSEL: NONE HEARING DESIRED: NO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: Eight (8) days of leave be restored to his leave account. A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air...
AF | BCMR | CY2012 | BC-2012-02326
AFI 36-3003, Military Leave Program, paragraph 10.9.7., states in part, members application must clearly establish that an error or injustice by the Air Force caused the members lost leave. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 July 2012 for review and comment within 30 days (Exhibit C). ...