RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00177
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 JUL 07
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APPLICANT REQUESTS THAT:

Seventeen (17) days of leave be added to his current leave balance.
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APPLICANT CONTENDS THAT:

His request to reinstate 17 days of leave was not approved and did not meet the criteria for Special Leave Accrual (SLA).  He forecasted leave in December 2005 [sic] and was unable to take leave due to required training.  He also projected leave on several different occasions from February through July 2005 and was asked to reschedule due to the sections manning and deployment commitments.  He was then deployed on short notice - temporary duty (TDY) to Anderson, AFB Guam.  He was deployed from 27 April through 10 September 2005 in support of PACOM Bomber Forward Force, AEF 8.  As with any deployment, his leave projections were cancelled.  Since he did not return from TDY until 10 September 2005 and with the required in processing and allotted time off, he was only able to take two days of leave at the end of September, with the new fiscal year beginning 1 October.  Therefore, he lost the 17 remaining days of leave.  He believes the circumstance in which his leave was lost was out of his control and feels that the leave should be restored.

Applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 3 December 1991, the applicant enlisted in the Regular Air Force in the grade of airman basic.  He continued to reenlist contracting his last enlistment on 8 December 2000.  He is currently serving in the grade of technical sergeant (TSgt) effective and with a date of rank (DOR) of 1 October 2005.

The applicant was deployed to Anderson AFB, Guam, from 27 April to 10 September 2005.

The applicant lost 17 days of leave at the end of Fiscal Year 2005 (FY05).

On 2 November 2005, the applicant requested reinstatement of 19 days of leave.

The Commander of the 509th Maintenance Squadron and the Commander of the 509th Maintenance Group indicated the applicant was deployed in support of PACOM Bomber Forward Force, AEF 8 and approved of his request for SLA.

On 15 December 2005, the 509th MSS/DPM advised the applicant that his request for SLA was disapproved.  They indicated he did not meet the criteria for SLA.
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AIR FORCE EVALUATION:

AFPC/DPF recommended denial indicating AFI 36-3003, Military Leave Program, note below paragraph 10.9.7, states in part a member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave.  Additionally, paragraph 4.1.4, Use of Leave, recommends that 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 leave they accrue each year.  Based on the length of time prior to the deployment and the applicant stating that he chose time off after his deployment rather than use accrued leave, denial of his request to restore 17 days leave would be appropriate.  The applicant had ample time to use accrued leave.

The evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 February 2006, 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.
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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.  The applicant contends that he lost 17 days of leave due to short notice of a TDY to Anderson, AFB, Guam.  The Board notes based on statements submitted with this appeal, it appears that the applicant did receive short notice (approximately 14 days) before the TDY departure date.  Therefore, the Board is of the opinion, that the applicant did not have the opportunity to use his projected leave.  In view of the above finding, we recommend the applicant’s 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 seventeen (17) days of leave be added to his current leave balance.
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The following members of the Board considered AFBCMR Docket Number BC-2006-00177 in Executive Session on 23 March 2006, under the provisions of AFI 36-2603:

The Board voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 Jan 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPF, dated 9 Feb 06.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 06.

			

AFBCMR BC-2006-00177

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 seventeen (17) days of leave be added to his current leave balance.