RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-01669
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  5 December 07

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APPLICANT REQUESTS THAT:

Twenty-three (23) days of leave be added to his current leave balance.

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APPLICANT CONTENDS THAT:

Due to multiple real world deployments, temporary duties (TDYs), local exercises and monthly flying requirements he was unable to take planned leave.  The changes in deployment dates, required training for exercises and daily flying training requirements for the year prevented him from scheduling leave adequately.

In support of his request, the applicant provided a personal statement.

Applicant’s complete submission, with attachments, 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 with a date of rank of 1 December 2001.

The applicant lost 23 days of leave at the end of Fiscal Year 2005 (FY05).  He carried forward 60 days of leave at the beginning of FY05.  He earned 30 days of leave and used seven days of leave during FY05.

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AIR FORCE EVALUATION:

AFPC/DPSO recommends partial relief – to restore nine days of leave.  DPSO states AFI 36-3003, Military Leave Program, states in part that the 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, 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.  Clearly stated in paragraph 10.1 and reiterated in the Post Deployment Recovery Time (PDRT), leave restoration memorandum by the Director, Force Operations, members are ineligible for special leave accrual consideration if they returned from deployment and had the opportunity to use leave but failed to do so.

The applicant was able to take 14 days PDRT upon return from his TDY (5 September 2005).  Per the 393 BS/CC, the applicant did not have enough time to use 9 days of his use/lose leave prior to 30 September 2005 (end of the FY) due to squadron commitments.  DPSO finds no compelling evidence to suggest PDRT could not have been replaced with use/leave leave.

The DPSO complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states he made every attempt to utilize his leave.  He believes it is in the best interest of the Air Force to evaluate the leave program as draw-downs occur and more demands are placed on individuals.

Applicant’s response is at Exhibit E.

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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 warranting partial relief.  The applicant requests restoration of 23 days of leave.  After reviewing the evidence of record, along with the applicant's submission, it appears that the applicant was unable to use nine days of leave due to mission commitments and we agree with the Air Force office of primary responsibility's recommendation that those nine days should be restored to his leave account.  We are not persuaded by the evidence presented that the remaining 14 days should be restored.  It appears that the applicant was provided an opportunity to take leave subsequent to deployment but instead elected to use PDRT.  Therefore, we adopt the Air Force's rationale as basis for our recommendation that only nine days be restored to his leave account.  Accordingly, we recommend his 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 nine days of annual leave were added to his leave account commencing 2 October 2006.

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The following members of the Board considered AFBCMR Docket Number BC-2006-01669 in Executive Session on 24 October 2006, under the provisions of AFI 36-2603:

All members voted to correct the records pertaining to AFBCMR Docket Number BC-2006-01669 as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 May 06, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSO, dated 8 Sep 06, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Sep 06.
   Exhibit E.  Letter, Applicant, dated 2 Oct 06.

				

AFBCMR BC-2006-01669

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 nine days of annual leave were added to his leave account commencing 2 October 2006.