RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01834
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her one day of erroneously charged leave be reinstated.
________________________________________________________________
APPLICANT CONTENDS THAT:
Pursuant to Department of Defense Instruction (DoDI) 1327.06, Leave and Liberty Policy and Procedures, the day of return shall
not be charged as a day of leave when it ends on a non-duty day.
For leave granted for 17 and 18 December 2010, only 18 December
was chargeable leave since it ended on a non-duty day. AFI 36-
3003, Military Leave Program, has been updated to reflect DOD
policy.
In support of her appeal, the applicant provides a copy of her
leave request and e-mail correspondence from AFPC/DPSIMC.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade
of Captain (O-3).
The remaining relevant facts pertaining to this appeal are
contained in the advisory opinion from the Air Force office of
primary responsibility at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. AFI 36-3003 was revised to
correct the discrepancy between the DODI and the AFI. However,
AF/JAA has opined the prior version of AFI 36-3003 was lawful in
spite of its inconsistency with DoDI. Many members made leave
plans based on the rules in effect at the time in or to make the
best use of their leave. An adjustment would have to justify
the members 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
(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 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 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 AFBCMR Docket
Number BC-2011-01834 in Executive Session on 19 January 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Mar 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, dated 5 Jun 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11.
Panel Chair
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