RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02719
		INDEX CODE: 121.03
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Fourteen (14) days of lost leave be restored.

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APPLICANT CONTENDS THAT:

When he returned from his deployment he was not briefed by his Commanders Support Staff (CSS) that he needed to take his 14 days use/lose instead of taking a week of “down-time.”  His deployment was only 83 days long and he was only allowed 7 days of R&R.  

In support of his request, applicant provides a supporting statement, and documents associated with his leave request.  

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

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of staff sergeant, with an effective date and date of rank of 1 Oct 03.  

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AIR FORCE EVALUATION:

HQ AFPC/DPSO recommends denial.  AFI 36-3003, Military Leave Program, note below paragraph 10.9.7., states in part that 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. recommends members be given the opportunity to take at least one leave period of 14 consecutive days or more each fiscal year and encourages them to use the 30 days of leave.  DPSO states the applicant’s CSS submitted a request to restore 11 out of the 25 days lost.  The 11 days were approved and restored by DFAS.  The applicant returned from his deployment in enough time to take 14 days of leave.   The complete HQ AFPC/DPSO evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Oct 07 for review and comment within 30 days (Exhibit C).  As of this date, this office has received no response.

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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 have noted the documents provided with the applicant’s submission; however, they do not, in our opinion, support a finding that the applicant was unable to take his accrued leave upon his return from deployment.  Therefore, we 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 the absence of persuasive evidence to the contrary, we find no 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-2007-02719 in Executive Session on 3 Jan 08, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-02719 was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 08, w/atchs.
    Exhibit B.  Letter, AFPC/DPSO, dated 14 Sep 07.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Oct 07.