RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02284
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Six days of leave be restored to his leave balance.
________________________________________________________________
APPLICANT CONTENDS THAT:
During an Air Force review of Department of Defense Instruction
(DoDI) 1327.06, Leave and Liberty Policy and Procedures, it was
discovered that AFI 36-3003, Military Leave Program, was not in
compliance with DoD policy which 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 should not have been charged leave for the following days:
9 Aug 09
7 Mar 10
20 Jun 10
17 Jul 10
1 Aug 10
23 Oct 10
In support of his appeal, the applicant provides copies of his
leave balances from leave web, a listing of the days that should
be reinstated and a statement from his supervisor.
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 Chief Master Sergeant (E-9).
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 order 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:
The Air Force wrongly applied the DoD intent on how leave is to
be charged. AF/JAA implies that the retroactive adjustments
should not be made because it is too difficult. The BCMR is the
right way to make corrections, so it is not too difficult. He
has proven he was charged leave for non-duty days. He asks the
Board to review the facts presented and make the correct
decision based on the system provided, not on the its too hard
to correct statement.
________________________________________________________________
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. We note the
applicants contention that the current leave rules be applied
and he be restored six days of leave. 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, 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-2011-02284 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 13 Jun 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIM, 27 Jul 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 5 Aug 11, w/atchs.
Exhibit D. Applicants Response, dated 29 Aug 11, w/atchs.
Panel Chair
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