RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00203
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 JUL 07

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APPLICANT REQUESTS THAT:

Nine (9) days of leave be added to his current leave balance.

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APPLICANT CONTENDS THAT:

He supported two combat operations - Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF) during 18 July 2005 through 31 September 2005 and was unable to use leave.  He further indicates that he planned on taking two weeks of leave in August 2005 for family vacation; however, he was unable due to the high operations tempo (OPSTEMPO).

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the grade of major effective and with a date of rank (DOR) of 1 May 2002.

The applicant lost nine days of leave at the end of Fiscal Year 2005 (FY05).  He carried forward 56 days of leave at the beginning of FY05.  He earned 30 days of leave and used 17 days of leave during FY05.

The commander of the 15th Reconnaissance Squadron (ACC) indicated that the applicant was unable to take leave during the time in question (18 July through September 2005) due to direct support of combat operations to OIF/OEF.  The high OPSTEMPO the 15 RS regularly experienced, particularly during this period, curtailed any opportunities for the applicant to utilize his leave.

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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.  The applicant’s unit commander, 15 RS/CC, provided supporting documentation verifying that the applicant was unable to use the accrued leave by the end of FY05.

Supporting documentation along with the applicant’s request reflect local OPSTEMPO that many wings are experiencing across the Air Force and are not the result of an injustice created by the Air Force.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 March 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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  The applicant’s contentions and the supporting documentation from his commander are duly noted; however, the Board agrees with the opinion and recommendation provided by the Air Force and adopt its rationale as the basis for our conclusions that the applicant has not been the victim of either an error or an injustice.  It appears due to direct combat support (home station) of OIF and OEF the applicant was unable to use leave during 18 July through 31 September 2005.  The Board notes the applicant carried forward 56 days of leave at the beginning of FY05, earned 30 days of leave, and used 17 days of leave during FY05.  The Board is of the opinion that the applicant had ample time in which to use his accrued leave prior to the contested time period.  The circumstances surrounding his case are unfortunate; however, within the Air Force many wings are experiencing high OPSTEMPO.  In view of the above, and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2006-00203 in Executive Session on 11 May 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Dec 05.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPF, dated 28 Mar 06, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 31 Mar 06, w/atch.