RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01528 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Four (4) days of leave be restored to his current leave balance. _________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force released guidance (January 2011 on the Air Force Virtual Finance Portal) stating that the Air Force leave policy had been changed to state that if a member returns from leave on a non-duty day it is not a charged day of leave. He was informed that this policy was backdated to June 2009. In support of his request, the applicant submits a copy of a query leave request, a copy of a leave and earnings statement, and a memorandum from AMC/CC. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s master military pay account reflects ordinary leave taken for two days 16-18 April, three days 11-13 November 2010, seven days from 20-27 November 2010, and ten days from 18- 27 December 2010. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. DPSIM states Air Force Guidance Memorandum 2 (8 April 2011) revised AFI 36-3003 to reflect the following: Change Table 1 entitled Determining Duty or Chargeable Leave, Rule 3 to read: If a member is starting leave or signing up for space available travel for a non-duty day, then the member is on leave. Change Table 1 entitled Determining Duty or Chargeable Leave, Rule 6 to read: If a member is returning on a non-duty day, then the member is on duty. This was done to correct the discrepancy between the DoDI and the AFI. However, AF/JAA, in a memo dated 2 March 2011, explained the prior version of AFI 36-3003 was lawful in spite of its inconsistency with DoDI. Therefore, the member’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 therefore have to justify a member’s past intent to determine how past plans would have changed under different leave rules. The DPSIM complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 June 2011, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). 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 an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence 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 the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2011-01528 in Executive Session on 12 January 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-01528 was considered: Exhibit A. DD Form 149, dated 18 April 2011, w/atchs. Exhibit B. Letter, AFPC/DPSIM, dated 3 June 2011, w/atchs. Exhibit C. Letter, AFBCMR, dated 17 June 2011.