RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01568
		INDEX CODE:  121.00

	XXXXXXX XXX	COUNSEL:  NONE

		HEARING DESIRED: YES

MANDATORY CASE COMPLETION DATE:  19 NOV 2008

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APPLICANT REQUESTS THAT:

Twenty-nine (29) days of leave be restored to his leave account as of 2 Oct 07.

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APPLICANT CONTENDS THAT:

He lost 29 days of leave during Fiscal Year (FY) 2005.  The primary reason the leave should be restored is because USE/LOSE leave was improperly documented on his Leave and Earnings Statement (LES) throughout FY05.  Beginning in Nov 04, his LES reflected nine days of USE/LOSE leave; however, in May 05 his LES reflected zero and remained so throughout the FY.  In Nov 05, after the close of FY05, the LV Lost column suddenly jumped to 29.0 days of leave.  He later found out finance did an audit and credited the leave then on the same day took it away.  He was never given an opportunity to plan for and take the leave during the normal course of the year.

A mitigating factor to the issue was that he spent a total of 184 days temporary duty (TDY) in FY05.  He was deployed from 29 Oct 05 thru 29 Jan 05 and again from 29 May 05 thru 20 Aug 05 in support of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).  Squadron responsibilities and flying currencies further limited his options for taking leave.

In support of his appeal, applicant submitted a personal statement and copies of his LES, dated from 1 Nov 04 thru 31 Dec 05.

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

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STATEMENT OF FACTS:

Based on information from the Air Force, applicant’s Master Military Pay Account (MMPA) reflects applicant lost 11 days of leave at the end of FY05.  

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AIR FORCE EVALUATION:

HQ AFPC/DPSO reviewed this application and recommended denial.  Applicant’s LES shows he lost 29 days of leave; however, after a thorough review and leave computation of his records, the Defense Finance and Accounting Service (DFAS) concluded that the applicant only lost 11 days.  There were two different leaves submitted that were not taken and not cancelled in a timely manner that caused the applicant’s leave balance to be reflected incorrectly.  Applicant was deployed in support of OEF/OIF from 21 Oct 04 – 29 Jan 05 and 30 May 05 – 24 Aug 05, respectively.  His supporting roles in these deployments prevented the applicant from taking all of his accrued leave prior to the end of FY05.  Therefore, it is recommended that 11 days of leave be restored.

HQ AFPC/DPSO’s complete evaluation, with attachments, is 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 20 Jun 07 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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.  Applicant requests 29 days of leave be restored to his leave account as of 2 Oct 07.  The Board noted it appears there were two different leaves submitted that were not taken and not cancelled in a timely manner that caused the applicant’s leave balance to be reflected incorrectly.  However, we considered the recommendation by the Air Force and found no evidence of error or injustice by the Air Force causing the applicant to lose leave.  Nonetheless, we noted, the applicant was deployed in support of Operation ENDURING FREEDOM and Operation IRAQI FREEDOM, for a total of 184 days during FY05.  Therefore, to preclude any possibility of an injustice to the applicant, we recommend the applicant’s records be corrected to the extent indicated below.  

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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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 eleven (11) days of leave were added to his leave account commencing 2 October 2007.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01568 in Executive Session on 2 August 2007, 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 29 Apr 07, w/atchs.
     Exhibit B.  Letter, HQ AFPC/DPSO, dated 18 Jun 07, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 20 Jun 07.