RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00414
		INDEX NUMBER:  121.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Forty-one days of lost leave be restored.

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APPLICANT CONTENDS THAT:

He lost 41 days of leave due to an intensive flying and training schedule as a member of the USAF Thunderbirds.

In support of his request, he submits a Commander’s letter of support, TDY verification statement, and a leave balance sheet.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

A printout of the applicant’s Master Military Pay Account (MMPA) reflects he lost 41 days of leave at the end of FY 03.  He had 20 days of leave restored by (DFAS-DE) through an approved correction of military records request on 28 Mar 03, giving him a total of 80 days of leave carried forward into FY 03.  He earned an additional 30 days of leave for FY 03 giving him a total of 110 days.  He used 9 days of leave in FY 03.  He carried forward 60 days of leave into FY 04.

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AIR FORCE EVALUATION:

HQ AFPC/DPSFOC recommends that 30 days of leave be restored.        AFI 36-3003, Military Leave Program, Para 4.1.4, Use of Leave, recommends members be given the opportunity to take at least one leave period of 14 consecutive days or more each FY and encourages them to use the 30 days of accrued leave each year.  The applicant was able to use 9 days of leave over the course of the FY.  

U.S. Code, Title 10, Subtitle A, Part II, Chapter 40, Section 701, Para f2B limits military members to no more than 90 days of leave at the beginning of the FY.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 February 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office 
(Exhibit C).

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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 error or injustice warranting partial relief.  After reviewing the evidence of record, we agree with the recommendation of the Air Force and adopt their rationale as the basis for our decision that the applicant has been the victim of either an error or an injustice.  While we note, the applicant has requested restoration of forty-one (41) days of leave, U.S. Code Title 10, Subtitle A, Part II, Chapter 40, Section 701, paragraph f2B limits military members to no more than 90 days of leave at the beginning of the Fiscal Year.  In this respect, the applicant’s records should 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 thirty (30) 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-2004-00414 in Executive Session on 29 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.15 Dec 03, w/atchs
     Exhibit B.  Letter, AFPC/DPSFOC, dated 20 Feb 04
     Exhibit C.  Letter, SAF/MRBR, dated 27 Feb 04

                                   Panel Chair

AFBCMR BC-2004-00414

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, thirty (30) days of leave were added to his leave account commencing 2 October 2003.

		
		Director
		Air Force Review Boards Agency