RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2006-00193
								INDEX CODE: 121.03 

								COUNSEL:  NONE

								HEARING DESIRED: NO 

MANDATORY CASE COMPLETION DATE:  22 JULY 2007

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APPLICANT REQUESTS THAT:

Seven days of lost leave be restored. 

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APPLICANT CONTENDS THAT:

He lost leave as a direct result of being assigned to USCENTAF in direct support of OPERATION Iraqi Freedom and OPERATION Enduring Freedom from 25 Jun 05 until 30 Oct 05.  He took leave when he could during the following times; 29-31 Dec 04, 3-8 May 05, 7-11 Jul 05, 4-7 Aug 05, 16-18 Sep 05, but he could not take all of his leave because of the OIF/OEF mission.  He applied for restoration of the leave under the 2005 Special Leave Accrual program, but he was denied the relief by ACC.  

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The Air Force indicated that the applicant lost 7 days of leave at the end of FY 05.  He carried forward 57 days of leave at the beginning of FY 05.  He earned 30 days of leave during FY 05.  He used 20 days of leave during FY 05.

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AIR FORCE EVALUATION:

HQ AFPC/DPF reviewed this application and recommended denial.    AFI 36-3003, Military Leave Program, note below Para 10.9.7, states, in part, that member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave.  Additionally, 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 leave they accrue each year.  After reviewing the member’s case, they found the applicant had at least six months to use the other seven days of accrued leave.
 
A complete copy of the Air Force evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluation applicant provides a list of dates that he was unable to use his leave.  From Aug 04 to     31 May 05, he was in the AWC at Maxwell AFB; From 1-17 Jun, he attended the Board President’s Class, followed by the Operational Group Commander’s Course; From 20-24 Jun was his PCS move to Shaw AFB; From 25-28 Jun he prepped for his Change of Command; and on  29 Jun he assumed command.  His first opportunity for leave in 2005, was from 5-8 Jul.  In July he deployed for two weeks and in August he deployed to the AOR for three weeks.  His plan to use the remaining 7 days use or lose leave was scheduled for Sept 05, however, his unit’s commitments in direct support of OIF and OEF, precluded him from physically leaving the base or taking local leave.

Applicant’s response is at Exhibit D.

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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, other than his own assertions, he has not provided any evidence that he requested and was denied leave due to mission requirements.  We therefore agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In view of the foregoing, and 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; 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 Docket Number BC‑2006-00193 in Executive Session on 22 March 2006, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Dec 05.
    Exhibit B.  Letter, AFPC/DPF, dated 9 Feb 06.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Feb 06.
    Exhibit D.  Letter, Applicant, dated 22 Feb 06, w/atch.