RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04787
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His six days of lost leave beginning in fiscal year 2012 (FY12)
be restored with retroactive pay and allowances.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was provided conflicting guidance in regards to lost leave he
incurred during his terminal leave. The local finance office
indicated he needed a letter indicating he was authorized to
carry over more than 75 days from FY11 into FY12. However,
Retirement and Separations informed him that a letter was not
needed since he was on terminal leave with an approved
retirement date. He relied upon the later advice and lost six
days of leave.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 January 2012, the applicant retired from the Air Force and
was credited with 26 years, 3 months, and 27 days of total
active service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary which is attached at Exhibits C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial, indicating the applicant has not
demonstrated a clear error or injustice. In accordance with the
applicants Master Military Pay Account (MMPA) and Leave and
Earnings Statement (LES), he had a protected leave balance of 79
days under the provisions of special leave accrual (SLA) due to
a deployment to a hostile-fire/imminent-danger pay area. At the
beginning of FY11, the applicant carried forward 82 days of
leave. He earned 30 days of leave and used 27 days of leave
during FY11, resulting in a balance of 85 days of leave. At the
beginning of FY12, on 1 October 2012, the applicant lost six
days of leave since he only had a protected leave balance of 79
days. In regards to his terminal leave, AFI 36-3003, Military
Leave Program, indicates that a members terminal leave is
limited to their leave balance. However, the DoD Financial
Management Regulation Volume 7A, notes the maximum amount of
special leave accrual (SLA) that may be carried forward is the
leave balance at the end of the fiscal year following the end of
the SLA period, not to exceed 120 days. The maximum amount will
be reduced to a new level whenever the leave balance drops below
the previously set level. If at any time the leave balance
drops to or goes below 75 days, then there is no longer any SLA
protected leave. The actual maximum leave that may be carried
forward into succeeding fiscal years is the lowest leave balance
achieved following the completing of the SLA duty or the usual
75 days, whichever is greater. In this case, the applicant was
not authorized to carry forward more than the protected leave
balance of 79 days.
A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant argues that he would have delayed his terminal
leave to coincide with his special leave accrual; however he
relied on the terminal leave computed by Defense Finance and
Accounting Services (DFAS). As a result, he lost six days of
leave.
A complete copy of the applicants response is at Exhibit E.
________________________________________________________________
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, including his
rebuttal response, 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 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-2012-04787 in Executive Session on 18 July 2013, under
the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 October 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIM, dated 2 February 2013.
Exhibit D. Letter, SAF/MRBR, dated 17 February 2013.
Exhibit E. Letter, Applicant, dated 9 March 2013.
Acting Panel Chair
AF | BCMR | CY2012 | BC-2012-03471
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. AFI 36-3003, Military Leave Program, explains Special Leave Accrual (SLA) allows members who are faced with circumstances that prohibit...
AF | BCMR | CY2013 | BC-2012-01612
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-01612 COUNSEL: NO HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His 4 days of lost leave be restored. AFI 36-3003, Military Leave Program, explains SLA shall not be a means to authorize the accumulation of leave in excess of 60 days (75 days from 1 October 2008 through 30 September 2013) when it is a result of the...
ARMY | BCMR | CY2013 | 20130011025
IN THE CASE OF: BOARD DATE: 17 December 2013 DOCKET NUMBER: AR20130011025 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides: a. Army Regulation 600-8-10, paragraph 2-2, cautions Soldiers who maintain a maximum leave balance that they risk loss of leave if the operational situation prevents them from taking leave before the end of the FY.
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-2013-02494
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends the applicants request be granted. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...
AF | BCMR | CY2012 | BC 2012 01775
According to the information provided by the Air Force office of primary responsibility the applicant carried forward 63.5 days of leave at the beginning of FY 2010. 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 the applicant has not been the victim of an error or injustice. Exhibit C....
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 | CY2012 | BC-2012-04892
If the Board restores leave to the current leave account, the applicant must use these days before the end of the current FY. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that one-half (0.5) day of leave be restored to his account commencing on 2 October 2013. Exhibit D. Letter, SAF/MRBR, dated 14 December 2012.
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 | CY2012 | BC-2012-02326
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. ________________________________________________________________ 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). ...