RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00655
		
		COUNSEL:  NONE

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

Twenty-two days of leave be restored to his current balance.


APPLICANT CONTENDS THAT:

He had no option but to take leave because he was placed on 
administrative hold after shipping his Privately Owned Vehicle 
(POV) to the United States.  The administrative hold began 
because of a criminal investigation two days before he was 
scheduled to depart for his new duty location.  Following his 
confinement, a series of administrative errors resulted in 
overpayment of pay and allowances, followed by his pay being 
debited to the point he could not afford to rent a car to get to 
and from work.  He successfully borrowed a vehicle, or obtained 
a ride from coworkers for most of the time; however, there were 
times he had no option but to take leave due the lack of 
transportation.  He appealed to every authority to have his 
belongings and vehicle returned to him, with no success.

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


STATEMENT OF FACTS:

On 21 Jun 00, the applicant initially entered the Regular Air 
Force.

On 18 Dec 12, according to information provided by the 
applicant, he shipped his POV in preparation to permanently 
change duty stations.  His departure flight was scheduled for 
4 Feb 13.

On 4 Feb 13, the applicant was placed on administrative hold at 
his duty station and acknowledged an involuntary extension of 
his Date Eligible for Return from Overseas (DEROS) because of 
his involvement in a criminal investigation.

On 10 May 13, the applicant was found guilty in a special court 
martial; sentenced to reduction in rank, forfeiture of pay for 
three months, and confinement for 30 days.

On 3 Jun 13, the applicant was released from confinement.

From 4 Feb 13 – 10 Feb 14 (BCMR application date), according to 
information provided by the applicant, he used 22 days of leave 
due to lack of transportation to and from his place of duty.

On 11 Mar 13, according to information extracted from the 
Leaveweb system, the applicant requested 12 days of leave for 
the period 18 Mar 13 through 29 Mar 13; the applicant indicated 
the purpose for said leave was to study for promotion in the 
local area.

According to the applicant’s military personnel records, he is 
projected for separation, for high year tenure, on 31 Mar 15.

The remaining relevant facts pertaining to this application are 
described in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is included at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPSIM recommends approval of the applicant’s request to 
restore 22 days of leave, indicating there is evidence of an 
error or injustice.  AFI 36-3003, Military Leave Program, states 
the BCMR is the proper venue to restore leave if the member is 
not eligible for Special Leave Accrual (SLA) (carrying more than 
60 days at the end of a Fiscal Year); the applicant’s request is 
most similar to someone ineligible for SLA.  The applicant has 
provided enough evidence, in the form of Leave and Earning 
Statements and the DD Form 2789, Waiver/Remission of 
Indebtedness Application, to suggest he suffered a significant 
financial burden he was not able to resolve on his own.  
Further, the supporting documentation from his unit leadership, 
attesting to the applicant’s attempts to avoid using leave this 
way, are sufficient evidence to recommend his leave be restored.

A complete copy of the 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 18 Jun 14 for review and comment within 30 days 
(Exhibit D).  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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice warranting partial 
relief.  The applicant contends that he was forced to take 
22 days of leave because there were certain days where, despite 
his best efforts, he was unable to secure transportation to his 
duty location as his automobile and household goods had been 
shipped back to the Continental United States (CONUS) prior to 
his court martial.  After a thorough review of the evidence of 
record and the applicant’s complete submission, we believe some 
measure of relief is warranted.  We note the comments of 
AFPC/DPSIM indicating that, given the unequivocal support of the 
applicant’s chain of command, that complete relief is warranted; 
however, after a thorough review of the leave requests submitted 
by the applicant and approved by his supervisors, we are not 
convinced that the leave period      through     is attributable 
to the applicant’s inability to find transportation to duty.  In 
this respect, we note that his     Leave Web request indicates 
that he would be in the local area for the purpose of studying 
for his     promotion test.  Therefore, we are not convinced 
that the leave taken during this period, despite the 
recommendation of the Air Force OPR, should be restored to the 
applicant’s leave balance.  However, we believe a preponderance 
of the evidence substantiates that corrective action is 
warranted to restore the remaining ten days of leave.  In this 
respect, we note the applicant has provided copies of Leave and 
Earning Statements and the DD Form 2789, Waiver/ Remission of 
Indebtedness Application, suggesting he suffered a significant 
financial burden he was not able to resolve on his own.  
Further, the supporting documentation from his unit leadership, 
attesting to the applicant’s attempts to avoid using leave this 
way, are sufficient for us to recommend ten of his twenty-two 
days of leave be restored.  Therefore, we recommend the 
applicant’s records be corrected to the extent indicated below.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.







THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that ten 
days of leave be restored to his current balance.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-00655 in Executive Session on 28 Jan 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00655was considered:

	Exhibit A.  DD Form 149, dated 10 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIMC, dated 18 Jun 14.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Aug 14.