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AF | BCMR | CY2013 | BC 2013 01001
Original file (BC 2013 01001.txt) Auto-classification: Approved
                 RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01001
			COUNSEL:  NONE
			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Ten (10) days of lost leave from Fiscal Year 2012 (FY12) be 
restored.

________________________________________________________________

APPLICANT CONTENDS THAT:

He deployed on a short-noticed tasking from 12 Sep - 17 Oct 
12 and was unable to take his leave.  

His wing commander agreed that he should be restored 10 days of 
leave and approved a Special Leave Accrual (SLA) request.  
However, Air Force Personnel Center (AFPC) denied the request 
due to the “deployment not meeting a 60-day tour length,” 
specified in the Air Force Instruction.

In support of his request, the applicant provides copies of his 
LeaveWeb emails, FY12 SLA Restoration Request, SLA Approval 
Memorandum, and his travel voucher.

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade 
of colonel.

The applicant was deployed from 12 Sep – 17 Oct 12.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIM recommends denial.  DPSIM states that the applicant’s 
Master Military Pay Account (MPPA) does not reflect any 
contingency deployments.  He was deployed for a total of 18 days 
during FY12 which makes him ineligible for leave restoration.

In accordance with Leave Program (PSD) Guide (4 Apr 12) Section 
E. Special Leave Accrual (SLA), Ineligibility for SLA (1), 
Airmen are ineligible for SLA based on not being physically 
deployed in support of a contingency operation for a continuous 
period of at least 60 days, unless specifically noted otherwise.  

The complete DPSIM evaluation is at Exhibit B.

________________________________________________________________

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.  

His wing commander cancelled his leave and ordered him to deploy 
as the commander of a classified, short-notice deployment, after 
he had originally approved the leave.

The attached travel orders and voucher show that it was a CED 
deployment to an undisclosed location.  The orders approval date 
was the same date he departed for the deployment, confirming the 
last-minute deployment.  

DPSIM’s statement “member was deployed for a total of 18 days in 
FY 12” is correct but the contingency TDY started only after his 
leave was cancelled by his wing commander (and the TDY continued 
into FY13).  Had he not been deployed, he would have easily 
zeroed out his ten-day leave balance before the end of FY12. 

The reason his wing commander could not approve the SLA is 
because they were deployed short of the 60 days required by the 
AFI.  He was instructed that his only recourse was to appeal to 
the BCMR.

The applicant's complete response is at Exhibit D.

________________________________________________________________

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 an error or injustice warranting 
corrective action.  We note the office of primary responsibility 
recommends denial due to the fact the applicant’s deployment did 
not meet the 60-day tour length as specified for restoration of 
his loss leave as Special Leave Accrual (SLA).  However, based 
on the applicant’s short-notice deployment, we are of the 
opinion his loss of leave occurred through no fault of his own 
and should be restored.  Therefore, we find the evidence 
presented sufficient to grant the requested relief and recommend 
the records be corrected as indicated below.  

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that ten (10) 
days of leave were restored to his current leave account.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-01001 in Executive Session on 5 Dec 13, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 Feb 14 [sic], w/atchs.
     Exhibit B.  Letter, AFPC/DPSIM, dated 11 Jul 13.
     Exhibit C.  Letter, SAF/MRBR, dated 24 Jul 13.
     Exhibit D.  Letter, Applicant, dated 6 Aug 13, w/atchs.



                                   
                                   Panel Chair

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