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AF | BCMR | CY2013 | BC-2012-01612
Original file (BC-2012-01612.pdf) Auto-classification: Approved
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.   
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He returned from a 180 deployment in December 2009.  His January 
2010  Leave  and  Earnings  Statement  (LES)  reflected  100.5  days 
combat  zone  carryover  that  expired  in  September  2014.    The 
special  leave  accrual  (SLA)  statute  allows  up  to  120  days 
carryover for 4 fiscal years.  He ended FY2011 with 79 days of 
leave and lost 4 days.   
 
The Air Force Personnel Center denied his request to restore his 
leave  stating  that  he  did  not  properly  manage  his  leave.    He 
used 32 of the remaining days of leave in the following months 
of  FY2010  and  45  days  in  FY2011.    That  amounts  to  17  of  the 
25 days  of  SLA  in  less  than  2  years.    This  should  not  be 
characterized as a mismanagement of leave. 
 
In  support  of  his  request,  the  applicant  provides  his  January 
2010 and October 2011 LES.   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant retired from the Air Force on 31 May 2012 in the 
grade of major.  According to the applicant’s October 2011 LES, 
he lost 4 days of leave. 
 
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  approval.    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  member’s  failure  to  manage  their  leave  balance.    The  DoD 
Financial  Management  Regulation  Volume  7A  notes  the  maximum 
amount of 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  level  whenever  the  leave  balance  drops  below  the 
previously set level.  If at any time the leave balance drops 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  completion  of  the  SLA  duty  or  the  usual 
75 days, whichever is greater. 
 
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  6  February  2013,  for  review  and  comment  within 
30 days (Exhibit D).  As of this date, this office has received 
no response.  
 
EXAMINER’S NOTE:  The applicant permitted us to proceed prior to 
the expiration of the 30 days. 
 
________________________________________________________________ 
 
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  error  or  injustice.    We  took  note 
of  the  applicant’s  complete  submission  to  include  the 
recommendation by the Air Force office of primary responsibility 
and  agree  with  their  recommendation.    The  applicant’s  leave 
should  have  remained  protected  as  his  leave  level  was  above 
75 days.    Therefore,  we  recommend  the  records  be  corrected  as 
indicated below.   
 
 
 
 

2 
 

 
THE BOARD DETERMINES THAT: 
 
The  pertinent  military  records  of  the  Department  of  the  Air 
Force  relating  to  APPLICANT,  be  corrected  to  show  that  at  the 
time of his retirement from active duty on 31 May 2012, he was 
authorized a cash settlement for an additional 4 days of unused 
accrued leave. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01612  in  Executive  Session  on  21  February  2013, 
under the provisions of AFI 36-2603: 
 
 
 
 
All  members  voted  to  correct  the  records  as  recommended.    The 
following documentary evidence was considered: 
 
 
 
 
 
 
 
 
 
 
 
 

Exhibit A.  DD Form 149, dated 29 Dec 11, w/atchs. 
Exhibit B.  Applicant’s Master Personnel Record.  
Exhibit C.  Letter, AFPC/DPSIM, dated 6 Feb 13. 
Exhibit D.  Letter, SAF/MRBC, dated 6 Feb 13. 

, Chair 
, Member 
, Member 

 
  

 
 

 
Chair 

  
  
 
 

 
 
 

 
 

 
 

 
 

 
 

 

3 
 



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