RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02494
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The 7.5 days of leave he lost in FY12 be restored to his leave account.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to a short notice Temporary Duty (TDY) during the period 27 Jun 12 through 9 Nov 12, he lost 7.5 days of leave. His original TDY orders were through the end of Aug 12, so he would have been able to use his leave, but he was extended.
The applicants complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant served in grade of major (O-4) at Ramstein Air Base, Germany during the period of time in question.
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 applicant states that due to a short notice TDY, which was then extended beyond the end of the fiscal year, he lost 7.5 days of leave. The applicants Master Military Pay Account reflects that the member entered FY12 with 74.5 days of leave, earned 30 days of leave, and used 22 days causing the applicants ending leave balance to be 82.5 days for FY12. The applicants leave balance at the beginning of FY13 was 75 days with the member losing 7.5 days of leave. IAW AFI 36-3003, Military Leave Program, members are ineligible for Special Leave Accrual (SLA) in the case of normal Permanent Change of Station (PCS) moves or TDYs that prevent the applicant from using leave. Although the applicant does not qualify for SLA, he was unable to take leave due to a TDY, which was beyond his control.
A complete copy of the AFPC/DPSID 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 24 Feb 14 for review and comment within 30 days. As of this date, no response has been received by this office (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 injustice. We took notice of the applicant's complete submission in judging the merits of the case and 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 relief should be granted. Although we find no evidence of an error on the part of the Air Force, due to the fact the applicants TDY was extended through the remainder of the fiscal year after he had departed, we believe he was not afforded the opportunity to use his leave through no fault of his own, and it is in the interest of justice to provide the requested relief. Therefore, we recommend the applicants record be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that seven and a half (7.5) days of leave were added to his leave balance.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-02494 in Executive Session on 27 Mar 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the record as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 May 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSIM, dated 23 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 24 Feb 14.
Panel Chair
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