RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01528
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Four (4) days of leave be restored to his current leave balance.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force released guidance (January 2011 on the Air Force
Virtual Finance Portal) stating that the Air Force leave policy
had been changed to state that if a member returns from leave on
a non-duty day it is not a charged day of leave. He was informed
that this policy was backdated to June 2009.
In support of his request, the applicant submits a copy of a
query leave request, a copy of a leave and earnings statement,
and a memorandum from AMC/CC.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants master military pay account reflects ordinary
leave taken for two days 16-18 April, three days 11-13 November
2010, seven days from 20-27 November 2010, and ten days from 18-
27 December 2010.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. DPSIM states Air Force Guidance
Memorandum 2 (8 April 2011) revised AFI 36-3003 to reflect the
following: Change Table 1 entitled Determining Duty or
Chargeable Leave, Rule 3 to read: If a member is starting leave
or signing up for space available travel for a non-duty day, then
the member is on leave.
Change Table 1 entitled 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 March 2011, explained 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.
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 therefore have to
justify a members past intent to determine how past plans would
have changed under different leave rules.
The DPSIM complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 June 2011, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
C). 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 an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has failed to sustain his burden of proof of the
existence 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 the evidence presented did not
demonstrate the existence of an 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-2011-01528 in Executive Session on 12 January 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-01528 was considered:
Exhibit A. DD Form 149, dated 18 April 2011, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 3 June 2011, w/atchs.
Exhibit C. Letter, AFBCMR, dated 17 June 2011.
Vice Chair
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