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AF | BCMR | CY2013 | BC-2012-05726
Original file (BC-2012-05726.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05726

			COUNSEL:  NONE

			HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Eight (8) days of leave lost during fiscal year (FY) 2012 be 
restored to his current leave balance.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He had leave scheduled but was tasked for a short notice 
deployment.  He departed on 12 August 2012, and did not return 
until 30 September 2012.  To prevent the loss of leave he had 
appropriately forecasted his leave, however, due to the needs of 
the Air Force he was denied the opportunity to take the 
necessary leave.  

In support of his request, the applicant provides copies of a 
memorandum from his commander, unit projected leave schedule, 
travel order and travel voucher.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of Master Sergeant, (MSgt), E-7.  

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.  AFPC/DPSIM recommends denial.  DPSIM states the applicant 
failed to schedule “use/lose” leave in a timely manner.  
According to the Master Military Pay Account (MMPA), the 
applicant had 66 days of accrued leave at the beginning of FYI2.  
During FY12, he earned 30 days of accrued leave and used 13 days 
of accrued leave which resulted in a balance of 83 days of 
accrued leave at the end of FYI2.  The applicant took ordinary 
leave on the following dates: 14-18 December 2011, 30 April 2012 
thru 1 May 2012, and 15-20 March 2012.  On or about 1 October 
2012, the applicant lost 8 days of accrued leave at the end of 
FY12.  The Military Personnel Data System (MilPDS) reflects the 
applicant attended  operational training from 12 August 2012 to 
30 September 2012.  

2.  According to AFI 36-3003, Military Leave Program and Air 
Force Guidance Memorandum (AFGM) 3, paragraph 10.8., special 
leave accrual (SLA) was not authorized in this instance.  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 or 
September that they risk losing leave on 1 Oct if military 
requirements or personal circumstances prevent them from taking 
leave at that particular time.”  In May 2012, the applicant  
projected “use or lose” leave in August and September; however, 
AF policy advises commanders to discourage “use or lose” leave 
in August or September to prevent losing leave at the end of the 
FY.

The complete AFPC/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 April 2013 for review and comment within 30 days 
(Exhibit D).  To date, a response has not been received.  

________________________________________________________________

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.  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 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 that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 this application 
in Executive Session on 24 September 2013, under the provisions 
of AFI 36-2603:

			, Panel Chair
      			, Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-05726:

Due to the unavailability of the Panel Chair,  is 
signing as the Acting Panel Chair

    Exhibit A.  DD Form 149, dated 15 Nov 2012, w/atchs.
    Exhibit C.  Letter, AFPC/DPSIM, dated 28 Mar 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Apr 2013.



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