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AF | BCMR | CY2012 | BC-2012-01027
Original file (BC-2012-01027.pdf) Auto-classification: Approved
DOCKET NUMBER:  BC-2012-01027 
 
COUNSEL:  NONE 
HEARING DESIRED: NO 

                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: 
   
   
 
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Eight (8) days of leave be restored to his leave account. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He had approved leave for the end of Sep 11 through the first week 
of  Oct  11;  however,  through  no  fault  of  his  own,  his  leave  was 
cancelled due to his being tasked with a short-notice deployment. 
In  support  of  his  appeal,  the  applicant  provides  a  copy  of  his 
Contingency/Exercise/Deployment  (CED)  orders  and  a  supporting 
statement. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  served  in  the  Regular  Air  Force  in  the  grade  of 
colonel (O-6) during the matter under review. 
 
On  7  Sep  11,  according  to  contingency/exercise/deployment  orders 
provided by the applicant, he was ordered to deploy to Kandahar, 
Afghanistan, effective 10 Sep 11, for a period of 100 days. 
 
According  to  AFI  36-3003,  Military  Leave  Program,  members  lose 
leave  over  75  days  at  the  end  of  the  FY  unless  eligible  for 
special  leave  accrual  (SLA).    The  purpose  of  SLA  is  to  prevent 
members  from  losing  accrued  leave  if  they  are  unable  to  take 
normal leave due to significant and unforeseen operational mission 
requirements.  The situation preventing members from using leave 
must have been caused by a catastrophe, national emergency and/or 
crisis  or  operations  in  defense  of  national  security.  
Furthermore,  it  should  be  a  result  of  the  members’  inability  to 
take leave or to reduce their leave balance to 60 days (75 days 
from October 1, 2008 through September 30, 2013) before the end of 
the fiscal year while being assigned to said activities.  Members 
are  eligible  for  SLA  if  one  of  the  following  circumstances 
prohibited normal leave use:  

a.  Deployment  to  an  operational  mission  at  the  national 

 
 
level for a continuous period of at least 60 days.  
 
 
b.  Assignment  or  deployment  for  a  continuous  period  of  at 
least  60  days  to  unit,  headquarters,  and  supporting  staffs  when 
their  involvement  supporting  a  designated  operational  mission  at 
the national level prohibits them from taking leave.  
 
 
c.  Deployment  for  at  least  60,  but  less  than  120, 
consecutive  days  to  a  designated  hostile-fire  or  imminent-danger 
pay area.  
 
 
d.  Deployment to a hostile-fire or imminent-danger pay area 
for 120 or more consecutive days and receive this special pay for 
4  or  more  consecutive  months.  Note:  Examples  of  qualifying 
deployments  include  ENDURING  FREEDOM,  NOBLE  EAGLE,  or  IRAQI 
FREEDOM.  In  some  instances,  the  deployment  may  overlap  two  FYs 
(for example, deployment 15 Sep - 14 Nov).  
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIDR recommends denial, indicating there is no evidence of 
an  error  or  injustice.    The  applicant  applied  for  eight  days  of 
leave  between  23  Sep  11  and  7  Oct  11.    The  leave  was  approved; 
however,  the  applicant  was  called  to  perform  a  short-notice 
deployment to Afghanistan which required him to cancel his leave.  
He used 19 days of leave during fiscal year 2011 (FY 11) but lost 
8 days of leave for FY 11.  According to AFI 36-3003, applications 
to  restore  lost  leave  must  clearly  establish  that  an  error  or 
injustice  caused  by  the  Air  Force  caused  him  to  lose  leave.  
Special  Leave  Accrual  (SLA)  shall  not  be  used  as  a  means  to 
authorize the accumulation of leave in excess of 75 days that is 
the  result  of  a  member’s  failure  to  properly  manage  their  leave 
balance. 
 
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 12 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  error  or  injustice.    The  applicant  contends  he 
was precluded from taking his scheduled leave due to being tasked 
with  a  short-notice  operational  deployment.    After  a  thorough 
review  of  the  evidence  of  record  and  the  applicant’s  complete 
submission, we agree.  While we note the comments of the Air Force 
office of primary responsibility indicating that relief should be 
denied because the applicant has not presented evidence the loss 
of  his  leave  was  not  the  result  of  his  inability  to  manage  his 
leave,  we  believe  the  supporting  statement  provided  by  the 
applicant’s  commander  indicating  that  an  operational  deployment 
precluded  the  applicant  from  taking  his  already  approved  leave 
caused the applicant to lose eight days of leave.  Therefore, we 
recommend the applicant’s 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 eight (8) days 
of  leave  be  restored  to  his  leave  account,  commencing  2  October 
2012.  
 
_________________________________________________________________ 
 
The following members of the Board considered AFBCMR Docket Number 
BC-2012-01027  in  Executive  Session  on  28  Sep  12,  under  the 
provisions of AFI 36-2603: 
 
  
 
Chair 
      
Member 
      
Member 
 
 
 
 

 
 
 

 
 
 

All  members  of  the  Board  voted  to  correct  the  records  as 
recommended.  The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 24 Feb 12, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSIMC, dated 18 Apr 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 12. 
 
 
 
 
                                    
                                   Panel Chair 
 
 

______________________________________________________________ 



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