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AF | BCMR | CY2011 | BC-2011-00466
Original file (BC-2011-00466.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00466 

COUNSEL: NO 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her leave balance be adjusted to reflect an additional six days 
of leave. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

During a recent review of Department of Defense Instruction 
(DoDI) 1327.06, Leave and Liberty Policy and Procedures, it was 
discovered that Air Force Instruction (AFI) 36-3003, Military 
Leave Program, was not in compliance with DoD policy. DoDI 
1327.06 states: “For leave starting on a non-duty day, the day of 
departure shall be charged as a day of leave. For leave ending 
on a non-duty day, the day of return shall not be charged as a 
day of leave.” Air Force Personnel Center (AFPC) is now updating 
AFI 36-3003, Table 1, Rule 3 and 6, which currently states: “If a 
member is starting leave or signing up for space-available travel 
on a non-duty day, then the member is on duty.” 

 

In support of her appeal, the applicant provides copies of her 
leave requests and a Leave Web query and updates. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving on active duty in the grade of 
colonel (O-6). 

 

The remaining relevant facts pertaining to this appeal are 
contained in the advisory opinion from the Air Force office of 
primary responsibility. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIM recommends denial. DPSIM states the applicant’s 
master personnel pay account reflects ordinary leave taken for 
four days from 17-20 August 2006, five days from 13-17 February 


2008, three days from 11-13 April 2008, eleven days from 1-
11 September 2009, four days from 14-17 October 2009, and six 
days from 21-26 December 2009. 

 

At the time of the leave in question, AFI 36-3003, Table 1, Rule 
3 read: “If a member is starting leave or signing up for space-
available travel on a non-duty day, then the member is on duty.” 
AFI 36-3003, Table 1, Rule 6 read: “If a member is returning on a 
non-duty day, then the member is on leave.” DoDI 1327.06, 
Enclosure 2, paragraph 7.b., read “For leave starting on a non-
duty day, the day of departure shall be charged as a day of 
leave. For ending on a non-duty day, the day of return shall not 
be charged as a day of leave.” 

 

Air Force Guidance Memorandum 2, dated 8 April 2011, revised AFI 
36-3003, Table 1, Rule 3, to reflect the following: “If a member 
is starting leave or signing up for space-available travel on a 
non-duty day, then the member is on leave.” In addition, it 
changed AFI 36-3003, Table 1, Rule 6, to reflect: “If a member 
is returning on a non-duty day, then the member is on duty.” 

 

DPSIM states this change was done to correct the discrepancy 
between the DoDI and the AFI. However, AF/JAA, in a memorandum, 
dated 23 March 2011, explained the prior version of AFI 36-3003 
was lawful in spite of its inconsistency with the DoDI. 
Therefore, the applicant’s leave was correctly determined when it 
was taken and there is no entitlement to a correction of records 
based on the difference between the AFI rule and the policy set 
forth in DoDI 1327.06. In addition, it would be impossible as a 
practical matter to make equitable retroactive adjustments. Many 
members made leave plans based on rules in effect at the time, in 
order to make best use of their leave. A complete adjustment 
would have to justify a member’s past intent to determine how 
past plans would have changed under different leave rules. 

 

The complete DPSIM evaluation, with attachments, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 17 June 2011 for review and comment within 30 days. As of 
this date, this office has received no 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 opinions and recommendations 
of the Air Force office of primary responsibility and adopt their 
rationale as the basis for our conclusion that 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 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-
2011-00466 in Executive Session on 12 October 2011, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-00466: 

 

 Exhibit A. DD Form 149, dated 1 Feb 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIM, dated 7 Jun 11, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11. 

 

 

 

 

 

 Panel Chair 



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