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AF | BCMR | CY2011 | BC-2011-01240
Original file (BC-2011-01240.txt) Auto-classification: Denied
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. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

After reviewing DoDI 1327.06, Leave and Liberty Policy and 
Procedures, he discovered that AFI 36-3003, Military Leave 
Program, did not comply with the DoD policy. The policy 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.” 
He was incorrectly charged leave for all 4 days because he 
returned on a Sunday, a non-duty day. 

 

In support of his request, the applicant provides a copy of a 
Query Leave Requests, a copy of a leave web printout, a copy of a 
calendar, and e-mail communications. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving on active duty in the grade of 
lieutenant colonel (0-5). 

 

Additional 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. The applicant’s master personnel 
pay account reflects ordinary leave taken for four days from 14-
18 Sep 05, one day on 3 Sep 06, three days from 27-29 Mar 09, and 
three days from 7-10 Oct 10. 

 

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 Jun 11 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 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 AFBCMR Docket Number 
BC-2011-01240 in Executive Session on 18 Jan 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 Mar 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIM, dated 3 Jun 11, w/atchs. 

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

 

 

 

 

 

 Panel Chair 

 



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