RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00111 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Nine days of lost leave be restored. APPLICANT CONTENDS THAT: He lost 9 days of leave in Oct 13 while deployed to the Air Force Mortuary Affairs, Dover AFB, DE. He was deployed from 22 Apr to 27 Oct 13 and was not allowed to take leave during this period. Additionally, the mission did not allow him to take leave before his deployment. AFI 36-3003, Military Leave Program, only includes overseas Areas of Responsibility (AOR) and his local Military Personnel Section (MPS) could not make the correction. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: On 21 Aug 91, the applicant entered active duty. According to Special Order TE-3232 dated 12 Apr 13, the applicant was deployed to Dover AFB, DE with a proceed on or about date of 25 Apr 13 for 185 days. On 1 Oct 14 he retired with 23 years, 1 month and 10 days on active duty. AIR FORCE EVALUATION: AFPC/DPSIM recommends denial due to the lack of credible evidence. In Accordance With (IAW) AFI 36-3003, Military Leave Program, paragraph 10.1., the situation preventing members from using leave must have been caused by a catastrophe, national emergency and/or crisis or operations in defense of national security. Furthermore, it should be a result of the member’s inability to take leave or reduce their leave balance to 60 days (75 days from 1 Oct 08 thru 30 Sep 15) before the end of the fiscal year while being assigned to said activities. Special Leave Accrual (SLA) shall not be used as a means to authorize the accumulation of leave in excess of 60 days (75 days from 1 Oct 08 thru 30 Sep 15) that is a result of a member’s failure to properly manage their leave balance. The applicant’s Master Military Pay Account (MMPA) reflects he took leave during the following dates: 2 Jan 13 (ordinary leave), 22 Mar – 29 Mar 13 (ordinary leave), 15 Apr – 19 Apr 13 (ordinary leave) and 30 Jul – 2 Aug 13 (emergency leave). The applicant claims he was unable to take leave prior to and during his deployment due to mission requirements. IAW AFI 36- 3003, paragraph 10.9, members not eligible for SLA can request recovery of lost days to the Board. The application must clearly establish an error or injustice by the Air Force caused the member’s lost leave. The complete DPSIM evaluation, with attachment, is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 Sep 14 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. 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 that the applicant has failed to sustain his burden of proof that he has 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 the evidence presented did not demonstrate the existence of material 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-2014-00111 in Executive Session on 9 Dec 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Jan 14, w/atch. Exhibit B. Memorandum, AFPC/DPSIM, dated 8 Apr 14, w/atch. Exhibit C. Letter, SAF/MRBR, dated 8 Sep 14.