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AF | BCMR | CY2011 | BC-2011-00525
Original file (BC-2011-00525.txt) Auto-classification: Denied
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 applicant’s 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 member’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. 

 

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 

 

 



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