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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