RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDSIN THE MATTER OF: DOCKET NUMBER: BC-2007-03602 INDEX CODE: 121.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Four days of leave be restored to his current leave balance. _________________________________________________________________ APPLICANT CONTENDS THAT: He had scheduled leave for the last week of September 2007 for use/lose leave. On 21 September 2007 he was informed by USAFE that he would need to go on temporary duty (TDY) to Aviano Air Base Italy. Due to circumstances beyond his control he had to cancel his leave and therefore will have lost days of annual leave unless it is restored. In support of the appeal, applicant submits a copy of DD Form 1610, Request and Authorization for TDY Travel of DOD Personnel. Applicant's complete submission, with attachment, is attached at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of lieutenant colonel. The applicant carried forward 59 days of leave at the beginning of Fiscal Year 2007 (FY07). He earned 30 days of leave throughout FY07. He used 28 days of leaving during FY07. His ending balance at the end of FY07 was 61 days. The applicant lost one day of leave. _________________________________________________________________ AIR FORCE EVALUATION:AFPC/DPSI recommends restoring only one day of leave. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 December 2007 for review and response within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 warranting a partial grant. The applicant contends that because he was informed by USAFE that he would need to go TDY to Aviano Air Base Italy, he was unable to take leave during this period and as a result, he lost 4 days of leave at the end of the fiscal year. However, the Air Force has indicated that he was authorized to carry forward 59 days of leave at the beginning of FY07, used 28 days during FY07, and therefore, only lost 1 day of leave at the end of FY07. We have received no evidence from the applicant refuting the Air Force's evaluation. Therefore, it appears that the appropriate corrective action to be taken in this case would be to partially approve his request by restoring 1 day of leave to his leave account. Accordingly, we recommend his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT:The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that one (1) day of annual leave were added to his leave account commencing 2 October 2007. _________________________________________________________________ The following members of the Board considered Docket BC-2007-03602 in Executive Session on 17 January 2008, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-03602: Exhibit A. DD Form 149, dated 16 Oct 07, w/atchs. Exhibit B. Letter, AFPC/DPSI, dated 26 Nov 07. Exhibit C. Letter, SAF/MRBR, dated 7 Dec 07.