RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01341
		INDEX CODE:  121.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Seven and one-half days of leave be restored.

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APPLICANT CONTENDS THAT:

He was unaware at the time of his arrival to XX AB of the local policy that servicemembers could not take more than 30 days of leave.  He was unable to take his mid-tour leave until after October 2002, thus causing him to lose his leave.

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 staff sergeant.

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AIR FORCE EVALUATION:

AFPC/DPSFM states that paragraph 4.3 of the AFI 36-3003, states the entitlement to leave is a right; however, unit commanders can disapprove leave requests due to military necessity or in the best interest of the Air Force.  The applicant PCS’d to XX AB on or about 14 October 2002.  His Master Military Pay Account reflects he had a 67.5 day leave balance at the end of fiscal year (FY) 2002.  He  lost seven  and one-half  days  of leave on 1 October 2002.  DPSFM, on 19 June 2003, requested the applicant provide documentation from his commander stating the applicant’s leave was denied and this caused the applicant to lose his leave, or an AF Form 988 with his commander signature disapproving the applicant’s leave.  The applicant did not respond.  They further state the applicant has not provided any documentation from his 
chain of command that they were aware of the applicant’s use or lose leave status.  Based on the evidence provided they recommend the applicant’s request for restoration of leave be denied.

A complete copy of the evaluation is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 September 2003, for review and response.  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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  The applicant was requested by the Air Force Office of Primary Responsibility to provide documentation from his commander or supervisor stating he requested leave and the request was denied.  The applicant did not respond.  The applicant has not provided any documentation showing he requested leave and the leave was denied.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice and that there was no evidence that he applied for and was denied the opportunity to take the leave he is requesting to be restored; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01341 in Executive Session on 21 October 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Jan 03, w/atchs.
   Exhibit B.  Letter, AFPC/DPSFM dated 8 Sep 03.
   Exhibit C.  Letters, SAF/MRBR dated 19 Sep 03.