RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00407

		COUNSEL:  None

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

3.5 days of leave be restored to his record.

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APPLICANT CONTENDS THAT:

His January 2002 Leave and Earnings Statement (LES) shows in the remarks section that COMBAT ZONE LV CARRYOVER BAL=65.5 EXPIRES  30 SEP 04.  His balance forward into FY02 was 68 days (60 regular and 8 combat zone); he used 34 days in FY02, leaving a balance of 34 days.  His October 2002 LES shows a leave balance of 60.5 days and a leave lost of 3.5 days

In support of his appeal, the applicant submits copies of his January and October 2002 LES statements.

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

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STATEMENT OF FACTS:

The applicant is currently assigned to the Air National Guard.  He earned restored leave in accordance with AFI 36-3003, Military Leave Program during FY02.  He lost 3.5 days of leave at the end of FY02.  Other pertinent facts are contained in the letter prepared by the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

ANG/DPPI recommended relief be denied.  The applicant carried forwarded 68.0 days of leave from FY01 through FY02.  Eight of those days were under the September 11th Special Leave Accrual (SLA) policy.  He used 34 days of leave during FY02 and lost 3.5 days.  Because DFAS center accounts for the use of SLA by using the “last leave earned is the first leave used”, the applicant lost 3.5 days because he failed to use them by the end of September 2002.  The 3.5 days of leave he lost were the days accrued from 2 August 2002 through 30 September 2002.  

DFAS center has specific guidance on utilizing restored leave under SLA provisions.  Once a military member’s leave account is restored under SLA provisions, the member has the sole responsibility of understanding, managing and following the SLA provisions.  Because of the 3.5 days were days the member accrued from 3 August through 30 September 2002 and were not used before 30 September, they were lost.  

ANG/DPPI complete evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 4 April 2003 for review and comment with 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.  After reviewing the evidence of record, we are persuaded that the applicant misunderstood the Special Leave Accrual (SLA) program rules surrounding use of his leave.  Although the applicant has not submitted evidence showing that he was miscounseled, the Board found the rules governing SLA leave very confusing and believe the applicant would have used the leave had he known of the applicable rules.  Therefore, 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 3.5 days of leave were added to his current leave account.

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The following members of the Board considered Docket Number BC-2003-00407 in Executive Session on 17 June 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 20 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Apr 03.

                                   
                                   Panel Chair 

AFBCMR BC-2003-00407

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 3.5 days of leave were added to his current leave account.

                                                                          
                                                                          Director
                                                                          Air Force Review Boards Agency