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AF | BCMR | CY2012 | BC 2012-05430
Original file (BC 2012-05430.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2012-05430
							COUNSEL:  NONE
  XXXXX						HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

1.  Fifteen days of leave be restored.  

2.  Twenty two and a half days of tax free leave be restored.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was deployed to Iraq for 356 days on an Indeterminate TDY 
(ITDY) and was erroneously charged for 15 days of leave 
authorized for rest and recuperation.  Additionally, his travel 
voucher filed upon return was processed incorrectly and he did 
not receive Combat Zone Tax Exclusion (CZTE) for 22 and half 
days of accumulated leave.     

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is an active duty lieutenant colonel.  He was 
deployed on an ITDY to Iraq, a designated CZTE location, from 5 
April 2011 to 26 March 2012.  

The applicant was charged for 15 days of leave for rest and 
recuperation and 22 and a half days of leave were accumulated 
while deployed; however, it was not designated as being tax 
exempt.   

In accordance with the Department of Defense Instruction (DoD) 
Instruction 1340.25, Combat Zone Tax Exclusion (CZTE), the CZTE 
authorization is unlimited for enlisted members and warrant 
officers but is limited for commissioned officers to the maximum 
monthly enlisted pay amount (equivalent to the service senior 
enlisted leader’s pay) plus the Hostile Fire Pay/Imminent Danger 
Pay.  

________________________________________________________________
_




AIR FORCE EVALUATION:

AFPC/DPSIM recommends restoring the 15 days of accrued leave.  
DPSIM states that in accordance with Air Force Instruction,    
36-3003, Military Leave Program, “Rest and Recuperation programs 
are for members in designated hostile-fire or imminent-danger 
areas when military necessity restricts the annual leave program 
and the use of ordinary leave.”  Iraq and Afghanistan were 
designated as hostile fire locations and approved by United 
States Central Command (USCENTCOM) policy for 15 days non-
chargeable leave for rest and recuperation.

The complete DPSIM evaluation is at Exhibit B.  


DFAS-IN recommends denial of the request for tax exemption of 
the 22 and half days of accumulated leave.  Although the leave 
was accumulated while deployed in a designated hostile-fire 
location, the applicant exceeded the amount of pay (equivalent 
to the service’s senior enlisted leader).  The maximum pay, 
including hostile fire/imminent danger, was $7,714.80 for 2011 
and $8,921.70 for 2012.  Records indicate the applicant’s 
monthly pay, including hostile fire/imminent danger was 
$8,921.70 and $9,264.30 for   2011 and 2012, respectively, 
exceeding the authorized cap.    

The complete DFAS-IN evaluation is at Exhibit C. 

________________________________________________________________
_

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force and DFAS evaluations were forwarded to 
the applicant on 24 April 2013 for review and comment within    
30 days (Exhibit D).  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 an error or injustice to warrant 
approval of his request to restore 22 and half days of CZTE 
leave.  We took notice of the applicant’s complete submission in 
judging the merits of this request; however, we agree with the 
opinion and recommendation of DFAS 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 
this portion of his request.

4.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice to warrant 
approving his request to restore 15 days of accrued leave.  
After a thorough review of the facts and circumstances in this 
case, we agree with the opinion and recommendation of DPSIM that 
his leave should be restored.  Therefore, in the interest of 
justice, we recommend his records be corrected to the extent 
indicated below.  

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records relating to the applicant be 
corrected to show that fifteen (15) days of leave be restored to 
his leave account commencing 2 October 2013.

________________________________________________________________
_

The following members of the Board considered Docket Number BC-
2012-05430 in Executive Session on 5 September 2013, 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 21 November 2012, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIM, dated 2 February 2013
    Exhibit C.  Letter, DFAS-IN, dated 23 April 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 24 April 2013.
    




Panel Chair   


 
 
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