RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01018 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His 10-days of lost leave be restored through pay and allowances. ________________________________________________________________ APPLICANT CONTENDS THAT: On 29 July 2013, he submitted a leave request to his commander requesting 101 days of terminal leave. He confirmed the exact amount of leave days he had accrued and was authorized. The leave form was approved and assigned a leave authorization number. He submitted this request in full faith that he was authorized to take his 10 days of use or lose leave in conjunction with the rest of his accrued leave. The leave was approved by his commander and vetted by the comptroller squadron. Had he been informed otherwise, he would have adjusted his leave start date to meet the established guidelines. On 31 December 2013, while completing his retirement paperwork and retrieving his retiree identification card, he was informed that 10 days (pay and allowances) of use or lose leave were deducted from his leave balance. He filed an appeal through the comptroller squadron which was denied stating that he was only authorized to carry over 75 days of accrued leave for the fiscal year. He filed a complaint through the inspector general and was told his appeal was also denied by the Defense Finance and Accounting Service. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force who retired on 1 January 2014 in the grade of master sergeant. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. The applicant’s master military pay account (MMPA) reflects that he used 20 days of leave during fiscal year 2013 (FY13). He had a leave balance of 85 days at the end of FY13. He lost 10 days of use or lose at the end of FY13 since he was over 75 days. In accordance with AFI 36-3003, Military Leave Program, paragraph 6.1, “Annual Leave, another name for annual leave is ordinary leave. Normally members request leave as accruing within mission requirements and other exigencies. Member’s failure to use leave, as accruing can result in loss of accrued leave at FY-end leave balancing or upon retirement or separation from active duty.” When the applicant did not use his 10 days of annual leave prior to retiring, he forfeited those days. Additionally, in accordance with paragraph 4.1.2, “scheduling leave prevents loss of leave at fiscal year-end balancing, retirement or separation from active duty. Both management and members share responsibility in managing leave balances throughout the FY.” The applicant is responsible for monitoring his leave balance and scheduling with management in order to prevent lost leave. The complete 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 7 November 2014, for review and comment within 30 days (Exhibit D). 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 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 not clearly established 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 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-2014-01018 in Executive Session on 8 January 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 Mar 14, w/atchs. Exhibit B. Excerpts of Applicant’s Master Personnel Record. Exhibit C. Letter, AFPC/DPSIM, dated 5 Nov 14. Exhibit D. Letter, SAF/MRBR, dated 7 Nov 14.