RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02084

			COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He have 11 days of lost leave restored.


APPLICANT CONTENDS THAT:

Due to the retirement of the Security Forces Manager and the 
departure of the Security Forces Commander in FY13, he was 
unable to take 11 days of “Use or Lose” leave.  He was appointed 
as interim Security Manager and acted on the behalf of the 
Commander.  The Commander was not in place until Sep 13, which 
did not allow sufficient time to use his remaining leave.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard in 
the grade of Senior Master Sergeant (E-8).

According to the applicant's 1 - 31 Oct 13 leave and earnings 
statement (LES), he lost 11 days of leave on 30 Sep 13.  As a 
result, his leave balance was reduced from 86 days to 75 days.

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

NGB/A1P recommends denial indicating there is no evidence of an 
error or an injustice.  In accordance with AFI 36-3003, Military 
Leave Program, para 10.1., “the situation preventing members 
from using leave must have been caused by a catastrophe, 
national emergency, and/or crisis of operation in defense of 
national security.”  In order for the applicant, a 30 plus year 
E-8, to have 11 days of use or lose leave, he had to have 
accumulated a balance of 75 days, which would have taken over 
two years (Apr 11 – Oct 13) to accrue.  The applicant’s 
deployment in support of Operation Enduring Freedom from Jun 10 
– Feb 11 falls during a separate time period.  According to AFI 
36-3003, para 10.8., members are ineligible from special leave 
accrual (SLA) when training exercises, pending separations, and 
retirements preclude using leave.

There is no record of the applicant submitting a request for, or 
being prohibited from, using leave.  Though the applicant’s hard 
work, dedication and additional hours are admirable, his 
application does not clearly establish that an error or 
injustice by the Air Force caused him to lose leave.

A complete copy of the NGB/A1P 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 4 Aug 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an 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 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error of injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the requested relief.


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-2014-02084 in Executive Session on 29 Jan 14, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1P, not dated .
	Exhibit D.  Letter, SAF/MRBR, dated 4 Aug 14.