RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00432
		INDEX CODE:  121.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Fifty-five days of his leave be restored.

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APPLICANT CONTENDS THAT:

He lost 55 days of leave in fiscal year (FY) 2003 due his intensive flying schedule for the 2003 Air Show season.

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

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of lieutenant colonel.

The applicant’s Master Military Pay Account reflects he accrued 117 days of leave in FY 2003 as follows:  He was restored 27 days of leave in March 2003 as a result of correction of records, therefore, he carried forward 87 days of leave into FY 2003.  He accrued 30 days of in FY 2003; and on 1 October 2003 lost 55 days of leave.  He used two days of leave in FY 2003.  He carried 60 days of leave into FY 2004.

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AIR FORCE EVALUATION:

AFPC/DPSFOC states AFI 36-3003, Military Leave Program, paragraph 4.1.4, Use of Leave, recommends servicemembers be given the opportunity to take at least one leave period of 14 consecutive days or more each fiscal year and encourages them to use the 30 days of accrued leave each year.

United States Code (USC), Title 10, Subtitle A, Part II, Chapter 40, Section 701, paragraph f2B limits servicemembers to no more than 90 days of leave at the beginning of the fiscal year.

AFPC/DPSFOC recommends 30 days of leave be restored to the applicant’s leave account.

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 27 February 2004, 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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting partial relief.  The applicant is requesting 55 days of leave be restored to his leave account.  This case presents a dilemma for the Board.  On the one hand, we are inclined not to grant this request because, in our opinion, leave management is an individual responsibility that should not be adjudicated by this Board.  In this respect, the applicant’s situation does not differ significantly from individuals undergoing training and who lose leave; however, due to the unusual circumstances of this case involving his duties with the Thunderbirds, we believe partial relief is warranted.  In reaching this decision, we noted the applicant lost leave at the end of FY 2002 due his intense flying schedule and 27 days of leave was restored in March 2003.  However, due to the demands of the FY 2003 flying schedule the applicant again lost leave at year-end balancing.  The applicant was TDY 24 times in 2003 for a total of 182 days due to the 2003 flying schedule.  In many respects, the approval of his first request caused further injustice because he was unable to benefit from the relief by year-end leave balancing.  We note the applicant has informed the Board of his upcoming retirement and he will be able to incorporate using the restored leave in the planning of his retirement.  Although we believe some relief is warranted we are not inclined to restore the full 55 days.  Rather, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our decision that 30 days of leave be added to his current leave account.  However, we must caution that should the applicant’s situation change, any future requests for restoring leave will be viewed rather skeptically by this Board unless extremely unusual circumstances are presented that prevents him from using his leave.

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

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The following members of the Board considered AFBCMR Docket Number BC-2004-00432 in Executive Session on 7 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.  Letters, SAF/MRBR dated 27 Feb 04.

				Panel Chair

AFBCMR BC- BC-2004-00432
INDEX CODE:  110.00

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                        , be corrected to show that 30 days of leave were added to his current leave account.

					Director
					Air Force Review Boards Agency