RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01240 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be restored 4 days of leave. _________________________________________________________________ APPLICANT CONTENDS THAT: After reviewing DoDI 1327.06, Leave and Liberty Policy and Procedures, he discovered that AFI 36-3003, Military Leave Program, did not comply with the DoD policy. The policy states, “For leave starting on a non-duty day, the day of departure shall be charged as a day of leave. For leave ending on a non-duty day, the day of return shall not be charged as a day of leave.” He was incorrectly charged leave for all 4 days because he returned on a Sunday, a non-duty day. In support of his request, the applicant provides a copy of a Query Leave Requests, a copy of a leave web printout, a copy of a calendar, and e-mail communications. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of lieutenant colonel (0-5). Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. The applicant’s master personnel pay account reflects ordinary leave taken for four days from 14- 18 Sep 05, one day on 3 Sep 06, three days from 27-29 Mar 09, and three days from 7-10 Oct 10. At the time of the leave in question, AFI 36-3003, Table 1, Rule 3 read: “If a member is starting leave or signing up for space- available travel on a non-duty day, then the member is on duty.” AFI 36-3003, Table 1, Rule 6 read: “If a member is returning on a non-duty day, then the member is on leave.” DoDI 1327.06, Enclosure 2, paragraph 7.b., read “For leave starting on a non- duty day, the day of departure shall be charged as a day of leave. For ending on a non-duty day, the day of return shall not be charged as a day of leave.” Air Force Guidance Memorandum 2, dated 8 April 2011, revised AFI 36-3003, Table 1, Rule 3, to reflect the following: “If a member is starting leave or signing up for space-available travel on a non-duty day, then the member is on leave.” In addition, it changed AFI 36-3003, Table 1, Rule 6, to reflect: “If a member is returning on a non-duty day, then the member is on duty.” DPSIM states this change was done to correct the discrepancy between the DoDI and the AFI. However, AF/JAA, in a memorandum, dated 23 March 2011, explained the prior version of AFI 36-3003 was lawful in spite of its inconsistency with the DoDI. Therefore, the applicant’s leave was correctly determined when it was taken and there is no entitlement to a correction of records based on the difference between the AFI rule and the policy set forth in DoDI 1327.06. In addition, it would be impossible as a practical matter to make equitable retroactive adjustments. Many members made leave plans based on rules in effect at the time, in order to make best use of their leave. A complete adjustment would have to justify a member’s past intent to determine how past plans would have changed under different leave rules. The complete DPSIM evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Jun 11 for review and comment 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01240 in Executive Session on 18 Jan 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Mar 11, w/atchs. Exhibit B. Letter, AFPC/DPSIM, dated 3 Jun 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11. Panel Chair