RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00868
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her records be corrected by restoring 2.5 days of leave that she lost.
APPLICANT CONTENDS THAT:
She was deployed Apr 11 to Apr 12, and unable to take leave while AFCENT Surgeon General (SG) staff was in transition during the period 2012 to 2013. When she checked her Leave and Earning Statement (LES) 28 Oct 13, she discovered she lost 2.5 days of leave. On two occasions she was told by her Military Personnel Flight (MPF) that she would not lose her protected leave balance until 2015 as long as her leave balance did not go below 75 days.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant currently serves in the Regular Air Force in the grade of colonel (O-6).
From 17 Apr 11 to 3 Apr 12, the applicant was deployed to Afghanistan.
From 4 Apr 12 to 3 Apr 14, the applicant was assigned to the AFCENT/SG staff, Shaw AFB, SC.
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. In accordance with AFI 36-3003, Military Leave Program, Special Leave Accrual (SLA) is a program authorized to allow members to accrue a leave balance larger than the legal maximum of 60 days (or 75 days during the period 1 Oct 08 to 30 Sep 15). In order to qualify for this program, Air Force members must have been deployed or participated in national missions that prohibited them from taking leave during the fiscal year which caused them to go over the maximum allowable leave balance. 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 through 30 Sep 15) that is a result of members' failure to properly manage their leave balance. 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 there is no longer any SLA protected leave. Therefore, the actual maximum leave that can be carried forward into succeeding fiscal years is the lowest leave balance achieved following the completion of the SLA duty or the usual 60 days (75 days during the period 1 Oct 08 to 30 Sep 15), whichever is greater.
In review of the applicants Master Military Pay Account (MMPA), her starting leave balance in FY13 (1 Oct 12) was 81.5 days. The applicant took 19 days of leave between Oct 12 and Feb 13, and earned 11 days of leave during this period. This resulted in the member reducing her leave balance below 75 days and no longer having protected leave under SLA. As the applicant was no longer eligible for SLA when this happened, she lost 2.5 days of leave when FY13 began because her leave balance exceeded 75 days.
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 7 Jan 15 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-00868 in Executive Session on 24 Feb 15 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIM, dated 10 Nov 14.
Exhibit D. Letter, SAF/MRBR, dated 7 Jan 15.
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