RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05768
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
Thirteen days of leave he lost at the end of Fiscal Year 2011
(FY11) be restored.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to take use or leave he scheduled due to a short
notice deployment.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of major (O-4).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPSIM recommends denial indicating there is no evidence of
an error or injustice. According to Master Military Pay Account
(MMPA), the applicant had 70 days of accrued leave at the
beginning of FY 11. He earned 30 days of leave and used 12 days
leaving a balance of 93 days of leave at the end of FY 11.
In accordance with Air Force Instruction (AFI) 36-3003, Military
Leave Program, service members are not authorized Special Leave
Accrual (SLA) who were precluded from using leave by a normal
permanent change of station (PCS), temporary duty (TDY),
training exercises, attending schools or courses, and research
requirements.
Service members who submit a request to recover lost leave must
clearly establish that an error or injustice by the Air Force
caused the lost leave. Unit Commanders are required to advise
service members who schedule use or lose leave near the end of
the fiscal year they are at risk of losing leave on 1 October if
military requirements or personal circumstances prevented them
taking leave. The applicant failed to schedule leave within the
operational requirements.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 25 Apr 13, for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We note the
comments of the office of primary responsibility (OPR)
indicating there is no evidence to indicate the applicant lost
his leave due to an error on the part of the Air Force;
however, after a thorough review of the documentation provided,
we believe the evidence provided is sufficient to conclude that
operational requirements, which caused the applicant to be away
from his home station on temporary duty for more than eight
months, precluded him from being able to avoid losing his leave.
Therefore, to preclude an injustice to the applicant, we
recommend his records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that
thirteen (13) days of leave were restored to his leave balance.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-05768 in Executive Session on 7 Oct 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 18 Apr 13.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 13.
Panel Chair
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