RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03471
COUNSEL: NO
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His 17 days of lost leave be restored, or as an alternative, he
be allowed to sell back 15 days of leave.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was on permissive temporary duty (TDY) from 20 April through
10 May 2011; terminal leave from 10 May through 25 July 2011 and
returned to duty to accept promotion on 26 July 2011. On
1 August 2011, his leave balance was 92.5. He was scheduled to
deploy from 13 September 2011 through 22 December 2011 and was
not afforded leave due to pre-deployment training.
Additionally, prior to his permissive TDY, he elected to sell
back leave; however that never happened. He would like to be
paid for the 15 days of leave or he requests his 17 days of
leave be restored.
The AF Form 1411, Extension or Cancellation of Extensions of
Enlistments in the Regular Air Force, states that he understands
that his Expiration of Term of Service will not change until he
enters the new extension; and that he will accrue any leave from
his extension until he enters it. If this is the first
extension of his current enlistment, he understands that he may
be eligible to sell all or part of his accrued leave upon entry
into this extension or carry his accrued leave forward.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is on active duty serving in the grade of master
sergeant. On 24 May 2011, he elected to accept promotion to the
grade of master sergeant with an active duty service commitment
of two years and withdrew his approved retirement application.
According to his February Leave and Earnings statement, he lost
17 days of leave. He now has an approved retirement date of
30 June 2013.
The remaining relevant facts pertaining to this application are
contained in the advisory opinion from the Air Force office of
primary responsibility at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. The applicants Master Military
Pay Account reflects that he carried forward 70.5 days of leave
at the beginning of Fiscal Year (FY) 2011; earned 30 days of
leave and used 8 days of leave during FY11. The applicants
leave balance in the beginning of FY12 was 92.5 days.
AFI 36-3003, Military Leave Program, explains Special Leave
Accrual (SLA) allows members who are faced with circumstances
that prohibit them from taking leave to accumulate leave in
excess of 60 days (75 days until 30 September 2013). The
situation preventing a member from taking leave must have been
caused by a catastrophe, national emergency and/or crisis or
operations in defense of national security. It should be a
result of the members inability to take leave or to reduce
their leave balance to 60 days before the end of the fiscal year
while being assigned to said activities. SLA shall not be a
means to authorize the accumulation of leave in excess of
60 days as a result of the members failure to manage their
leave balance.
The complete 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 9 October 2012, for review and comment within
30 days (Exhibit D). As of this date, this office has received
no 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. After
thoroughly reviewing the evidence of record and the applicants
complete submission, we are not persuaded that record warrants
the requested correction. The applicants contentions are duly
noted; however, he has not provided persuasive evidence to
override the rationale provided by the Air Force office of
primary responsibility (OPR). 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 issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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
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-2012-03471 in Executive Session on 25 April 2013,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Aug 12, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIM, dated 1 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 9 Oct 12.
Panel Chair
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