RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00525
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His leave balance be adjusted to reflect three days.
________________________________________________________________
APPLICANT CONTENDS THAT:
AFI 36-3003, Military Leave Program, table 1, rule 3 and 6 is
incorrect because it does not follow DoDI 1327.06, Leave and
Liberty Policy and Procedures, which states for leave ending
on a non-duty day, the day of return shall not be charged as a
day of leave.
The applicant did not provide any documentation in support of
his request.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of major.
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. DPSIM states Air Force Guidance
Memorandum 2 (8 Apr 11) revised AFI 36-3003 to reflect the
following:
1) Change Table 1, Determining Duty or Chargeable Leave,
rule 3 to read If a member is starting leave or signing up for
space-available travel on a non-duty day, then the member is on
leave.
2) Change Table 1, Determining Duty or Chargeable Leave,
rule 6 to read If a member is returning on a non-duty day,
then the member is on duty.
This was done to correct the discrepancy between the DoDI and
the AFI. However, AF/JAA, in a memo dated 2 Mar 11, explained
that the prior version of AFI 36-3003 was lawful in spite of
its inconsistency with DoDI. Therefore, the members 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.
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 1 Jul 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 an 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 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 an 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 BC-2011-00525 in
Executive Session on 15 Nov 11, under the provisions of AFI 36-
2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jan 10.
Exhibit B. AFPC/DPSIM, Letter, dated 8 Jun 11.
Exhibit C. SAF/MRBR, Letter, dated 1 Jul 11.
Panel Chair
AF | BCMR | CY2011 | BC-2011-01989
Therefore, the members 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. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states if the new (current) leave rules are applied to his leave taken between the date of DoDI 1327.06 publication (16 Jun 09) and the date of AFI 36-3003...
AF | BCMR | CY2011 | BC-2011-00466
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. 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...
AF | BCMR | CY2011 | BC-2011-01835
Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. 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...
AF | BCMR | CY2011 | BC-2011-01240
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01240 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be restored 4 days 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...
AF | BCMR | CY2011 | BC-2011-01528
Therefore, the members 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. Many members made leave plans based on rules in effect at the time in order to make best use of their leave. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the...
AF | BCMR | CY2011 | BC-2011-01834
Many members made leave plans based on the rules in effect at the time in or to make the best use of their leave. ________________________________________________________________ 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 (Exhibit C). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and...
AF | BCMR | CY2011 | BC-2011-02284
For leave ending on a non-duty day, the day of return shall not be charged as a day of leave. He should not have been charged leave for the following days: 9 Aug 09 7 Mar 10 20 Jun 10 17 Jul 10 1 Aug 10 23 Oct 10 In support of his appeal, the applicant provides copies of his leave balances from leave web, a listing of the days that should be reinstated and a statement from his supervisor. Many members made leave plans based on the rules in effect at the time in order to make the best use...
AF | BCMR | CY2011 | BC-2011-03927
DPSIM recommends relief for 6 days only as the 45 days the applicant requests has already been reinstated. The additional DPSIM evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: The applicant submitted copies of her Leave and Earnings Statement showing her leave balance was 63 days. Exhibit B.
AF | BCMR | CY2012 | BC-2012-01730
She was profiled [sic] from taking leave while undergoing the Medical Evaluation Board (MEB) processes. DPSIM states that IAW AFI 36-3003, Military Leave Program, a members application must clearly establish that an error or injustice by the Air Force caused the members lost leave. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or...
AF | BCMR | CY2003 | BC-2002-03214
The applicant had a leave balance of 69.5 days at the end of FY02, and lost 9.5 days of leave at that time. The applicant stated in an email that he intended to out-process at the end of September, take 70 days of terminal leave, and sell 5.5 days upon separation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...