RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  02-01835
						INDEX CODE 121.03
						COUNSEL: No 

						HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

Twenty-two days of leave be restored.

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APPLICANT CONTENDS THAT:

He was assigned full-time to USCINCPAC Joint Planning Group (JPG) established to address a time-sensitive issue of significant national security.  On 7 August 2000, CINCPAC directed additional work resulting in several major deliverables due by 30 September 2000.  As a member of the JPG, he was essential in meeting the CINC's tasking.  Consequently, he was unable to take his planned and approved leave in August and September 2000.  This planned leave consisted of his remaining Use/Lose Leave for Fiscal Year 2000.  

In support of the appeal, applicant submits a personal statement, letters of support from the Director of Air and Space Operations and Pacific Director of Personnel, and a copy of his leave account.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant is currently serving on active duty in the grade of major.

The applicant's leave history reflects he lost 12.0 days of leave in FY 00, rather than 22 days he indicates on his DD Form 149.  

His leave files indicate he brought 59 days of leave into FY00, earned 30 days of leave for FY00, and used 17 days that same FY (59+30=89; 89-17=72).  Therefore, he entered FY01 with a leave balance of 72 days, but since one can only carry over 60 days of leave to a new FY, he lost 12 days.

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AIR FORCE EVALUATION:

AFPC/DPSFM stated the applicant applied for restoration of this leave as Special Leave Accrual (SLA) through the PACAF/DP, who correctly disapproved his application as he is not entitled to SLA.  However, the applicant is eligible to apply via a BCMR based on military necessity.  DODD 1327.7, Leave and Liberty, define the criteria for SLA entitlement, which the applicant does not meet. AFI 36-3003 states SLA is not authorized for details and special working group.  Since we are so late in this FY, they recommend restoring 12 days of leave to his FY03 account.

A complete copy of the Air Force evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 3 July 2002 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 error or injustice to warrant partial relief.  After reviewing the evidence of record, to include the applicant's leave and earning statement indicating a loss of 12 days rather than 22 days of leave in FY00, we are of the opinion his loss of leave had occurred through no fault of his own and should be restored.  Therefore, we agree with the recommendations of the Air Force that while the applicant does not qualify for restoration of his loss leave as Special Leave Accruaral (SLA), 12 days of leave should be added to his FY03 account.  In view of the above, we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that 12 days of annual leave be added to his leave balance commencing 2 October 2002.

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The following members of the Board considered Docket 02-01835 in Executive Session on 18 September 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 May 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSFC, dated 26 Jun 02.
   Exhibit D.  Letter, AFBCMR, dated 3 Jul 02.

R
                                   Panel Chair 

AFBCMR 02-01835

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that 12 days of annual leave be added to his leave balance commencing 2 October 2002.

                                                                       Director
                                                                       Air Force Review Boards Agency