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
______________________________________________________________
AF | BCMR | CY2011 | BC-2010-00116
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. The following members of the Board considered AFBCMR Docket Number BC-2010-00116 in Executive Session on 8 Feb 11, under the provisions of AFI 36-2603:
AF | BCMR | CY2006 | BC-2006-02832
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02832 INDEX CODE: 121.03 XXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: Mar 23, 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: All, or some, of the 20 days leave he lost during FY 2005 be restored. Applicant’s complete submission, with attachments, is at Exhibit A. ...
AF | BCMR | CY2014 | BC 2014 00111
He was deployed from 22 Apr to 27 Oct 13 and was not allowed to take leave during this period. The application must clearly establish an error or injustice by the Air Force caused the members lost leave. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered...
AF | BCMR | CY2006 | BC-2006-02358
On 1 Sep 05, he showed his Leave and Earnings Statement (LES) to Finance; it reflected 20 days use/lose. According to HQ AFPC/DPSOO (Exhibit B), the applicant carried forward 69 days of leave at the beginning of Fiscal Year 2005 (FY05) (9 days of leave were previously restored via SLA). 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...
AF | BCMR | CY2012 | BC 2012 05768
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. 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...
AF | BCMR | CY2013 | BC 2012 05768
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. 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...
AF | BCMR | CY2014 | BC 2014 00868
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice that warrants restoring 2.5 days of leave to the applicants records. If, at any time, the leave balance drops to or goes below 60 days (75 days during the period 1 Oct 08 to 30 Sep 15), then...
AF | BCMR | CY2013 | BC-2012-05726
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: 1. The guidance states members are ineligible for SLA when the following precludes using leave: Normal PCS moves and TDYs. AFI 36-3003, also states in paragraph 4.1.5., unit commanders: advise members who schedule use or lose leave in August...
AF | BCMR | CY2013 | BC 2013 01001
His wing commander agreed that he should be restored 10 days of leave and approved a Special Leave Accrual (SLA) request. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that he was deployed on Contingency Exercise Deployment (CED) orders prior to starting his already- approved ten days of use/lose leave for FY12. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The...
AF | BCMR | CY2007 | BC-2007-00526
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00526 INDEX CODE: 121.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 26 AUG 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: Fifteen (15) days of leave be restored to his leave account as of 2 Oct 06. He used 10 days of leave during FY05. ...