RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02326
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Fourteen (14) days of leave lost during fiscal year (FY) 2011 be
restored to his current leave balance.
________________________________________________________________
APPLICANT CONTENDS THAT:
At the start of FY2012, he lost 14 days of leave. As soon as he
became aware of the issue he applied for Special Leave Accrual
(SLA) restoration. It took the local installation nearly six
months to get the paperwork processed. Then it took a month for
the Air Force Personnel Center to respond. When they responded
they said he was going through the wrong channels and he needed
to submit a DD Form 149, Application for Correction of Military
Record under the Provisions of Title 10, U.S. Code, Section 1552
to correct his record.
He was stationed overseas in a one-deep position that made it
difficult to take leave without impacting the diverse mission.
He had planned on taking consecutive overseas tour (COT) leave
en-route to his next assignment but thirty days prior to his
permanent change of station (PCS) he was notified that he had
been selected for a two and one half month formal school which
ended on 3 October 2011. He only had three weeks to get to his
new assignment and get his family settled in before reporting to
the school which left no time to use his leave.
He would have gladly taken leave if he had had the opportunity.
He needed a vacation for a long time, but the mission needs at
his local base in the overseas area were more stringent than
other overseas bases, and manning was always a consideration.
He was a superintendent in charge of a staff of 10, and due to
their low experience level, he felt that taking leave would have
left his team in a cumbersome position so he opted to put the
mission first, to the detriment of his family and personal time.
He is just trying to get back the leave he earned but was not at
liberty to take.
In support of his request, the applicant provides a copy of his
travel voucher summary.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of Master Sergeant, E-7.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. DPSIM states the applicant did
not deploy during FY11. He would not have been eligible for SLA
restoration during this period. The applicant also used 8 days
of leave and also lost 14 days of leave in FY11.
AFI 36-3003, Military Leave Program, paragraph 10.9.7., states
in part, members application must clearly establish that an
error or injustice by the Air Force caused the members lost
leave. Additionally, AFI 36-3003, paragraph 10.8.5., states
members are ineligible for SLA when training exercises,
attending schools or course, and research requirements preclude
the use of leave.
The complete AFPC/DPSIM evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 July 2012 for review and comment within 30 days
(Exhibit C). To 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 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.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application
BC-2012-02326 in Executive Session on 23 January 2013, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 May 2012, w/atch.
Exhibit B. Letter, AFPC/DPSIM, dated 26 June 2012.
Exhibit C. Letter, SAF/MRBR, dated 16 July 2012.
Panel Chair
, Panel Chair
, Member
, Member
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