RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04460 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His four days of leave lost at the end of fiscal year (FY) 2011 
be restored. 

 

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APPLICANT CONTENDS THAT: 

 

Title 10, USC, Section 701-F-2 grants permission to retain any 
accumulated leave in excess of 75 days at the end of the FY for 
supporting a contingency operation for a continuous period of at 
least 60 days. He was deployed in support of Operation ENDURING 
FREEDOM (OEF) from Oct through Dec 2011. 

 

The applicant did not provide any documentation in support of 
his request. His complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The applicant is currently serving in the Regular Air Force in 
the rank of master sergeant (MSgt, E-7). 

 

The applicant carried forward 83 days of leave at the beginning 
of FY 2011. He earned 30 days of leave during FY 2011 and used 
34 days of leave during FY 2011. He lost four days of leave at 
the end of FY 2011 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIM recommends denial. DPSIM states that AFI 36-3003, Military Leave Program, states in part, 
“Members not eligible for SLA can request recovery of days lost by application, DD 
Form 149, Application for Correction of Military Records, under 
the Provisions of Title 10, U.S. Code Section 1552. Member’s 
application must clearly establish that an error or injustice by 
the Air Force caused the member’s lost leave. If the Board 
restores leave to current leave account, members must use these 
days before the end of the current FY.” 

 


On 29 Nov 2011, DPSIMC requested additional documentation from 
the applicant to support his claim; specifically orders received 
from all deployments that prevented him from using the lost four 
days of leave during FY 2011. The applicant did not provide the 
requested supporting documentation. 

 

The complete DPSIM evaluation 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 Mar 2012, for review and comment within 30 days 
(Exhibit C). As of this date, this office has not received a 
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 took notice 
of the applicant's complete submission in judging the merits of 
the case; however, 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 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. 

 

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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 this application 
in Executive Session on 23 Aug 2012, under the provisions of AFI 
36-2603: 



 

The following documentary evidence was considered in AFBCMR BC-
2011-04460: 

 

 Exhibit A. DD Form 149, dated 5 Oct 2011. 

 Exhibit B. Letter, AFPC/DPSIM, dated 1 Mar 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 20 Mar 2012.