RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00655 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Twenty-two days of leave be restored to his current balance. APPLICANT CONTENDS THAT: He had no option but to take leave because he was placed on administrative hold after shipping his Privately Owned Vehicle (POV) to the United States. The administrative hold began because of a criminal investigation two days before he was scheduled to depart for his new duty location. Following his confinement, a series of administrative errors resulted in overpayment of pay and allowances, followed by his pay being debited to the point he could not afford to rent a car to get to and from work. He successfully borrowed a vehicle, or obtained a ride from coworkers for most of the time; however, there were times he had no option but to take leave due the lack of transportation. He appealed to every authority to have his belongings and vehicle returned to him, with no success. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 21 Jun 00, the applicant initially entered the Regular Air Force. On 18 Dec 12, according to information provided by the applicant, he shipped his POV in preparation to permanently change duty stations. His departure flight was scheduled for 4 Feb 13. On 4 Feb 13, the applicant was placed on administrative hold at his duty station and acknowledged an involuntary extension of his Date Eligible for Return from Overseas (DEROS) because of his involvement in a criminal investigation. On 10 May 13, the applicant was found guilty in a special court martial; sentenced to reduction in rank, forfeiture of pay for three months, and confinement for 30 days. On 3 Jun 13, the applicant was released from confinement. From 4 Feb 13 – 10 Feb 14 (BCMR application date), according to information provided by the applicant, he used 22 days of leave due to lack of transportation to and from his place of duty. On 11 Mar 13, according to information extracted from the Leaveweb system, the applicant requested 12 days of leave for the period 18 Mar 13 through 29 Mar 13; the applicant indicated the purpose for said leave was to study for promotion in the local area. According to the applicant’s military personnel records, he is projected for separation, for high year tenure, on 31 Mar 15. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIM recommends approval of the applicant’s request to restore 22 days of leave, indicating there is evidence of an error or injustice. AFI 36-3003, Military Leave Program, states the BCMR is the proper venue to restore leave if the member is not eligible for Special Leave Accrual (SLA) (carrying more than 60 days at the end of a Fiscal Year); the applicant’s request is most similar to someone ineligible for SLA. The applicant has provided enough evidence, in the form of Leave and Earning Statements and the DD Form 2789, Waiver/Remission of Indebtedness Application, to suggest he suffered a significant financial burden he was not able to resolve on his own. Further, the supporting documentation from his unit leadership, attesting to the applicant’s attempts to avoid using leave this way, are sufficient evidence to recommend his leave be restored. A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Jun 14 for review and comment within 30 days (Exhibit D). 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting partial relief. The applicant contends that he was forced to take 22 days of leave because there were certain days where, despite his best efforts, he was unable to secure transportation to his duty location as his automobile and household goods had been shipped back to the Continental United States (CONUS) prior to his court martial. After a thorough review of the evidence of record and the applicant’s complete submission, we believe some measure of relief is warranted. We note the comments of AFPC/DPSIM indicating that, given the unequivocal support of the applicant’s chain of command, that complete relief is warranted; however, after a thorough review of the leave requests submitted by the applicant and approved by his supervisors, we are not convinced that the leave period through is attributable to the applicant’s inability to find transportation to duty. In this respect, we note that his Leave Web request indicates that he would be in the local area for the purpose of studying for his promotion test. Therefore, we are not convinced that the leave taken during this period, despite the recommendation of the Air Force OPR, should be restored to the applicant’s leave balance. However, we believe a preponderance of the evidence substantiates that corrective action is warranted to restore the remaining ten days of leave. In this respect, we note the applicant has provided copies of Leave and Earning Statements and the DD Form 2789, Waiver/ Remission of Indebtedness Application, suggesting he suffered a significant financial burden he was not able to resolve on his own. Further, the supporting documentation from his unit leadership, attesting to the applicant’s attempts to avoid using leave this way, are sufficient for us to recommend ten of his twenty-two days of leave be restored. Therefore, we recommend the applicant’s records be corrected to the extent indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that ten days of leave be restored to his current balance. The following members of the Board considered AFBCMR Docket Number BC-2014-00655 in Executive Session on 28 Jan 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00655was considered: Exhibit A. DD Form 149, dated 10 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIMC, dated 18 Jun 14. Exhibit D. Letter, SAF/MRBR, dated 2 Aug 14.