RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01835
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her leave balance be restored to reflect three days of leave.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During a recent review of Department of Defense Instruction
(DoDI) 1327.06, Leave and Liberty Policy and Procedures, it was
discovered that Air Force Instruction (AFI) 36-3003, Military
Leave Program, was not in compliance with DoD policy. DoDI
1327.06 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.
In support of her request, the applicant provides copies of her
Leave and Earning Statements (LES) and the first page on an e-
mail communication.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
major (0-4).
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 applicants master personnel
pay account reflects ordinary leave taken for four days from 5-8
Mar 10 and four days from 13-16 May 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 applicants 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 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 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 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 Docket Number BC-
2011-01835 in Executive Session on 18 Jan 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2011-01835:
Exhibit A. DD Form 149, dated 28 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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