RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00492
		INDEX CODE:  121.00

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

He have 2.5 days of leave restored to his account.

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APPLICANT CONTENDS THAT:

The record is in error or unjust because he lost 2.5 days of leave from September through October 2002.

In support of his appeal, applicant has attached Leave and Earnings statements from February through October 2002.

His appeal, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant is currently serving on a statutory tour with the Air National Guard Readiness Center and is serving in the grade of Master Sergeant.

Applicant carried forward 75.0 days of leave into FY 02.  Fifteen (15) days of the leave carried forward were considered Special Leave Accrual (SLA) days.  He accumulated 27.5 days of leave during FY 02 and used a total of 33 days.  The last leave he used in FY 02 was 26 Aug through 29 Aug 02.  He lost 2.5 days of leave that he accrued in September 2002.

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AIR FORCE EVALUATION:

ANG/DPPI reviewed this application and recommended denial.  The purpose of SLA is to prevent members from losing accrued leave if they are unable to take normal leave due to significant and unforeseen operational mission requirements.  Authorized members are allowed up to 30 days of SLA.  They are ineligible for SLA accrual if, after returning from deployment, they had the opportunity to use leave but failed to do so.  Members applying for SLA are only able to recoup the amount of lost leave that they would not normally have had the opportunity to use prior to the end of the FY in which it was accrued.  Otherwise, members have up to 3 FY’s to use accrued SLA.  Therefore, the 2.5 days he lost was the leave he accrued for the month of Sep 02.  He lost those days because he failed to use them prior to 1 Oct 2002.

ANG/DPPI’s evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 April 2003 for review and comment within 30 days.  As of this date, this office has received no response.

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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 Special Leave Accrual (SLA) program rules surrounding use of his leave.  Although the applicant has not submitted evidence showing that he was miscounseled, we 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 2.5 days of leave were added to his leave account commencing    2 October 2002.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00492 in Executive Session on 5 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 7 Feb 03, w/atchs. 
    Exhibit B.  Letter, ANG/DPPI, dated 20 Mar 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Apr 03.

                                   
                                   Panel Chair

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

BC-2003-00492

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 2.5 days of leave were added to his balance commencing 2 October 2002.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency