RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04460
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His four days of leave lost at the end of fiscal year (FY) 2011
be restored.
________________________________________________________________
APPLICANT CONTENDS THAT:
Title 10, USC, Section 701-F-2 grants permission to retain any
accumulated leave in excess of 75 days at the end of the FY for
supporting a contingency operation for a continuous period of at
least 60 days. He was deployed in support of Operation ENDURING
FREEDOM (OEF) from Oct through Dec 2011.
The applicant did not provide any documentation in support of
his request. His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the rank of master sergeant (MSgt, E-7).
The applicant carried forward 83 days of leave at the beginning
of FY 2011. He earned 30 days of leave during FY 2011 and used
34 days of leave during FY 2011. He lost four days of leave at
the end of FY 2011
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. DPSIM states that AFI 36-3003, Military Leave Program, states in part, Members not eligible
for SLA can request recovery of days lost by application, DD
Form 149, Application for Correction of Military Records, under
the Provisions of Title 10, U.S. Code Section 1552. Members
application must clearly establish that an error or injustice by
the Air Force caused the members lost leave. If the Board
restores leave to current leave account, members must use these
days before the end of the current FY.
On 29 Nov 2011, DPSIMC requested additional documentation from
the applicant to support his claim; specifically orders received
from all deployments that prevented him from using the lost four
days of leave during FY 2011. The applicant did not provide the
requested supporting documentation.
The complete DPSIM evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 20 Mar 2012, for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
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 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
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 this application
in Executive Session on 23 Aug 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-04460:
Exhibit A. DD Form 149, dated 5 Oct 2011.
Exhibit B. Letter, AFPC/DPSIM, dated 1 Mar 2012.
Exhibit C. Letter, SAF/MRBR, dated 20 Mar 2012.
Panel Chair
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