RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00111
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Nine days of lost leave be restored.
APPLICANT CONTENDS THAT:
He lost 9 days of leave in Oct 13 while deployed to the Air
Force Mortuary Affairs, Dover AFB, DE.
He was deployed from 22 Apr to 27 Oct 13 and was not allowed to
take leave during this period. Additionally, the mission did
not allow him to take leave before his deployment.
AFI 36-3003, Military Leave Program, only includes overseas
Areas of Responsibility (AOR) and his local Military Personnel
Section (MPS) could not make the correction.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
On 21 Aug 91, the applicant entered active duty.
According to Special Order TE-3232 dated 12 Apr 13, the
applicant was deployed to Dover AFB, DE with a proceed on or
about date of 25 Apr 13 for 185 days.
On 1 Oct 14 he retired with 23 years, 1 month and 10 days on
active duty.
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial due to the lack of credible
evidence. In Accordance With (IAW) AFI 36-3003, Military Leave
Program, paragraph 10.1., the situation preventing members from
using leave must have been caused by a catastrophe, national
emergency and/or crisis or operations in defense of national
security. Furthermore, it should be a result of the members
inability to take leave or reduce their leave balance to 60 days
(75 days from 1 Oct 08 thru 30 Sep 15) before the end of the
fiscal year while being assigned to said activities. Special
Leave Accrual (SLA) shall not be used as a means to authorize
the accumulation of leave in excess of 60 days (75 days from
1 Oct 08 thru 30 Sep 15) that is a result of a members failure
to properly manage their leave balance. The applicants Master
Military Pay Account (MMPA) reflects he took leave during the
following dates: 2 Jan 13 (ordinary leave), 22 Mar 29 Mar
13 (ordinary leave), 15 Apr 19 Apr 13 (ordinary leave) and
30 Jul 2 Aug 13 (emergency leave).
The applicant claims he was unable to take leave prior to and
during his deployment due to mission requirements. IAW AFI 36-
3003, paragraph 10.9, members not eligible for SLA can request
recovery of lost days to the Board. The application must
clearly establish an error or injustice by the Air Force caused
the members lost leave.
The complete DPSIM evaluation, with attachment, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 Sep 14 for review and comment within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
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
failed to sustain his burden of proof that he has 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2014-00111 in Executive Session on 9 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jan 14, w/atch.
Exhibit B. Memorandum, AFPC/DPSIM, dated 8 Apr 14, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 8 Sep 14.
AF | BCMR | CY2014 | BC 2014 00868
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial indicating there is no evidence of an error or an injustice that warrants restoring 2.5 days of leave to the applicants records. If, at any time, the leave balance drops to or goes below 60 days (75 days during the period 1 Oct 08 to 30 Sep 15), then...
AF | BCMR | CY2012 | BC-2012-01027
DOCKET NUMBER: BC-2012-01027 COUNSEL: NONE HEARING DESIRED: NO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: Eight (8) days of leave be restored to his leave account. A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air...
AF | BCMR | CY2013 | BC-2012-05726
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. 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...
AF | BCMR | CY2012 | BC 2012 01775
According to the information provided by the Air Force office of primary responsibility the applicant carried forward 63.5 days of leave at the beginning of FY 2010. 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 the applicant has not been the victim of an error or injustice. Exhibit C....
AF | BCMR | CY2011 | BC-2011-04462
DPSIM, states in part, that according to AFI 36-3003, Military Leave Program, a member's application must clearly establish that an error or injustice by the Air Force caused the member's lost leave. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Jan 12, for review and comment within 30 days (Exhibit C). The following members of the Board considered this...
AF | BCMR | CY2012 | BC-2012-03471
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03471 COUNSEL: NO HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His 17 days of lost leave be restored, or as an alternative, he be allowed to sell back 15 days of leave. AFI 36-3003, Military Leave Program, explains Special Leave Accrual (SLA) allows members who are faced with circumstances that prohibit...
AF | BCMR | CY2014 | BC 2014 02084
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: NGB/A1P recommends denial indicating there is no evidence of an error or an injustice. In accordance with AFI 36-3003, Military Leave Program, para 10.1., the situation preventing members from using leave must have been caused by a catastrophe, national emergency, and/or crisis of...
On 6 Mar 02, the Board considered and denied an application pertaining to the applicant, requesting that his records be corrected to show that he reenlisted within 90 days of his expiration term of service (ETS) of 31 May 98. On 19 Mar 98, the applicant requested 27 days of terminal Leave, the request was approved and the leave was taken. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number 02- 01132 in...
AF | BCMR | CY2013 | BC 2013 01001
His wing commander agreed that he should be restored 10 days of leave and approved a Special Leave Accrual (SLA) request. ________________________________________________________________ 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. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The...
AF | BCMR | CY2013 | BC-2012-01612
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. 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...