RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00274
		INDEX CODE:  121.03

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Forty-three (43) days of leave be restored to his leave account as of 1 Oct 03.

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APPLICANT CONTENDS THAT:

He lost 26 days of leave during Fiscal Year (FY) 2001, 11 days during FY02, and 6 days during FY03.  

He was unable to use 14 days of leave during FY01 due to the events of September 11, and subsequent deployments and mission requirements.  He was also charged 12 days of leave (12 - 23 Sep 01) that was cancelled due to Condition “Black” on base, which resulted in the leave not being taken.

During FY02, he lost 11 days of leave due to deployments in support of Operation Enduring Freedom.  In addition, he lost six days of leave during FY03, again due to numerous deployments and reduced manning.

In support of his appeal, applicant submitted a personal statement (concurred with by his squadron commander) and copies of printouts from his Leave and Earnings Statements. 

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Based on information from the Air Force, applicant’s Master Military Pay Account (MMPA) reflects he initially lost 14 days of leave at the end of FY01 (30 Sep 01); however, those 14 days were restored under the 9/11 Special Leave Accural (SLA) policy.  Additionally, his MMPA reflects he lost six days of leave at the end of FY02 (30 Sep 02), and six days at the end of FY03 (30 Sep 03).

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AIR FORCE EVALUATION:

HQ AFPC/DPSFOC recommended restoration of 17 days of leave.  Additionally, the MMPA should be corrected to reflect no lost leave from FY01, FY02 and FY03.

On 18 Sep 01, OSD authorized SLA for members of the armed forces who lost leave on 1 Oct 01 as a consequence of the terrorist attacks on 11 Sep 01.  The applicant’s MMPA reflects the restoration of 14 days on his BF-PRIOR-FY for FY02, which reads 74 days instead of 60.

Applicant’s MMPA for FY02 reflects a lost balance of six days, when in fact it should reflect 11 days.

AFPC/DPSFOC determined applicant’s MMPA should reflect no leave lost in FY01, 11 days from FY02, and six days from FY03, for a total of 17 days.

A complete copy of the evaluation 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 13 Feb 04 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.  After reviewing the evidence of record, it appears that the applicant lost 17 days of leave, not 43 days as he contends.  The office of primary responsibility has indicated that the applicant’s Master Military Pay Account (MMPA) reflects he initially lost 14 days of leave at the end of FY 01; however, those 14 days were restored under the 9/11 Special Leave Accrual (SLA) policy during FY 02.  They recommend that his record reflect no leave lost in FY01, 11 days from FY02, and 6 days from FY03, for a total of 17 days.  The applicant has not refuted the findings of the office of primary responsibility.  Therefore, in the absence of evidence to the contrary, we accept the findings of the Air Force and agree with their recommendation that 17 days of leave should be restored to the applicant’s leave account.

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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 seventeen (17) days of leave were added to his leave account commencing 2 October 2003.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00274 in Executive Session on 1 April 2004, 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 12 Jan 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPSFOC, dated 10 Feb 04, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.

                                   Panel Chair

AFBCMR BC-2004-00274

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 XXXXXXX, XXXXXXX, be corrected to show that seventeen (17) days of leave were added to his leave account commencing 2 October 2003.

		Director
		Air Force Review Boards Agency