RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01989
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
One day of leave be restored to his leave balance.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was incorrectly charged leave on 12 Sep 10. According to the
recent interim change to AFI 36-3003, Military Leave Program, if
Sunday is the day of return from leave, then status is considered
a day of duty and the member is not charged a day of leave.
In support of his request, the applicant provides a copy of his
Leave and Earning Statement (LES).
The applicant's complete submission, with attachment, 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 based on the AF/JAA legal review.
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 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.
The complete DPSIM evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states if the new (current) leave rules are applied
to his leave taken between the date of DoDI 1327.06 publication
(16 Jun 09) and the date of AFI 36-3003 publication (8 Apr 11) he
would not lose any days of leave. For these reasons, he requests
the day of leave charged for 12 Sep 10 be returned to him.
The applicant's complete response is at Exhibit D.
_________________________________________________________________
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 note the
applicant requests the current leave rules be applied and he not
be charged leave for 12 Sep 10. However, the prior version of
AFI 36-3003 was the policy in effect at the time of his leave.
Accordingly, he is not authorized or entitled to have his leave
balance adjusted as requested. Therefore, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as basis for our
conclusion the applicant has not been the victim of an error or
injustice. Absent persuasive evidence that he was denied rights
to which he was entitled, 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 Docket Number
BC-2011-01989 in Executive Session on 24 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 23 May 11, w/atch.
Exhibit B. Letter, AFPC/DPSIM, dated 8 Jun 11.
Exhibit C. Letter, SAF/MRBR, dated 1 Jul 11.
Exhibit D. Letter, Applicant, undated, w/atch.
Panel Chair
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