AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-01302 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

IN THE MATTER OF: 
 
        
 
       
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
The 27 days of leave she lost at the end of fiscal year (FY) 2011 
be  restored.    By  amendment,  the  applicant  requests  if  full 
restoration of 27 days is not possible, she would like 17 days of 
leave be restored. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
She was unable to use 27 days of leave due to her being deployed 
in support of OPERATIONs Iraqi Freedom/New Dawn from 1 April 2010 
through  2  March  2011,  attending  senior  noncommissioned  officer 
academy (SNCOA) from 11 April 2011 to 30 May 2011, her permanent 
change of station (PCS) move on 10 June 2011, and being placed on 
half days from 8 August 2011 through 21 September 2011. 
 
She believes she is entitled for leave restoration based on Title 
10,  USC,  Section  701-F-l  A&B,  which  contained  a  special 
authorization  that  granted  service  members  up  to  120  days  of 
leave  at  the  end  of  the  fiscal  year  provided  they  served  on 
active duty for a continuous period of at least 120 days in an 
area in which they were entitled to special pay for duty subject 
to  hostile  fire  or  imminent  danger  under  the  provisions  of  DOD 
7000. 14-R, volume 7 A, chapter 10.  In addition, the member will 
not lose any leave and 120 days of leave is the maximum amount of 
leave that may be carried forward under SLA authority from FYI0 
to  FY14  (fourth  fiscal  year  following  the  fiscal  year  in  which 
the member qualified for SLA). 
 
In  support  of  her  appeal,  the  applicant  provides  copies  of  her 
deployment  orders,  paid  travel  voucher,  and  leave  and  earning 
statements. 
 
The  applicant's  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 senior master sergeant (E-7).   
 
On 1 April 2010, the applicant was deployed to Balad AB, Iraq for 
an unspecified period.   
 
On 17 April 2011, the applicant was ordered to perform temporary 
duty  (TDY)  at  Maxwell  AFB,  AL  for  a  period  of  41  days  for  the 
purpose of attending the Senior Noncommissioned Officers Academy. 
 
On 5 June 2011, orders were published directing the applicant’s 
permanent  change  of  station  from  Arlington,  Virginia  to 
Washington, District of Columbia, effective 15 June 2011. 
 
On  25  September  2011,  the  applicant  was  placed  on  convalescent 
leave for a period of 43 days, which expired on 6 November 2011. 
 
On  1  October  2011,  the  applicant  lost  27  days  of  leave,  as  a 
result of FY-end leave balancing. 
 
Service  members  are  ineligible  for  SLA  when  the  following 
precludes  the  use  of  leave:    Normal  PCS  moves  and  TDYs,  base 
closures, hospitalization, aeromedical evacuations, quarters, and 
convalescent leaves, details and special working groups, training 
exercises, 
research 
requirements, pending separations and retirements, workload after 
return  from  deployment  and  members  did  not  take  leave  before 
1 October,  post-deployment  recovery  time,  post  deployment/ 
mobilization respite absence (PDMRA). 
 
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: 
 
AFPC/DPSIM recommends denial noting the applicant is not eligible 
for  leave  restoration.    AFI  36-3003,  Military  Leave  Program, 
paragraph 10.9, states, in part, that a member's application must 
clearly  establish  that  an  error  or  injustice  by  the  Air  Force 
caused the member's lost leave.  Furthermore, paragraph 10.8.1, 
of  the  AFI  states  that  members  are  not  authorized  leave 
restoration for normal PCS moves and TDYs. 
 
The complete AFPC/DPSIM evaluation is at Exhibit C. 
 
_________________________________________________________________ 
 

attending 

schools 

or 

courses, 

and 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation was forwarded to the applicant 
on  26  July  2012  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.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  an  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 that 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. 
 
4.  The applicant's case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will  materially  add  to  our  understanding  of  the  issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered. 
 
_________________________________________________________________ 
 
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  relevant  evidence  not  considered  with  this 
application. 
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01302  in  Executive  Session  on  4  December  2012, 
under the provisions of AFI 36-2603: 
 
 
 
 

  Panel Chair 
  Member 
  Member 

 

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The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-01302 was considered: 
 
    Exhibit A.  DD Form 149, dated 5 April 2012, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSIM, dated 21 June 2012. 
    Exhibit D.  Letter, SAF/MRBR, dated 26 July 2012. 
 
 
 
 
                                 
                               Panel Chair 

 

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